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HomeMy WebLinkAboutStormwater Pollution Prevention Plan~-• Stormwater Pollution Prevention Plan for: LOWE'S OF CARMEL, INDIANA y61 ° "~ ~1 14598 Lowe's Way b ~. Carmel, In 46032 N RECEIVED ~ APfl 2 3 2669 DOGS ~~, Operator(s): z, Lowe's Home Center, Inc. 1605 Curtis Bridge Road Wilkesboro, NC 28697 (336) 658-3002 phone (336) 658-3601 fax SWPPP Contact(s): APD Engineering, PLLC 615 Fishers Run Victor, NY 14564 (585)742-2222 phone (585) 9244914 fax SWPPP Preparation Date: 03/27/09 Actua[ Project Dates: ~~ ' Project Start Date: _`/__/____ Project Completion Date: _ _ / _ _ / _ _ - _ _ APD Engineering & Architecture, PLLC Company Headquarters 615 Fishers Ran Victor, NY 14564 585-742-2222 Fax: 585-924-4914 Website: www.apd.com April 16, 2009 City of Carmel Enghieern3g Deparhnent Carmel City Hall, first floor One Civic Square Carmel, IN 46032 Attn: Dave Barnes Re: Love's #1525 Garden Center Expansion, Carmel, IN (Love's Way) Response to Site Plan Review Comments Dear Mr. Barnes: 08-0166 Please fmd below our responses to the continents associated with the site development plans for the proposed Love's Garden Center Expansion based on your email dated February 10, 2009. The connnents are listed below in italics, with our con'esponding responses appearing below each comment. Enclosed for your review are the revised site plans revised per the comments be- low. Also enclosed are the Stormwater Pollution Prevention Plan and Stonnwater Management Permit Application. I) Please indicate the parking stall dimensions. Response: The parking stall dimensions have been added to sheet C1. 2) Please indicate the drive aisle width. Response: The drive aisle width has been labeled on sheet C 1. 3) All new curbing (includnzg nztegral curb) shall be City Standard Curbing. Response: The integral curb detail has been replaced with the City Standard Curbing de- tail. 4) Is the expansion open or under roof? Response: The expansion will be au open area with no roof. Mid-Atlantic Office 11533-D Nuckols Rd Glen Allen. VA 23059 804-273-0333 ii~site: www.apd.com RE ~N~~ ppH 2 ~ 2009 OpGG "Civil Engineers And Architects With Full Service Capahilih~es" Over 10 years of Proven Success 5) Please indicate the net change in "c" value. Response: This project will result in a net increase in impervious area and therefore the "o" value will be reduced, thus reducing Stormwater runoff from the site. The total in- crease in pervious area is approximately 60 sf. 6) Please indicate how dze expansion area will drain. Response: The floor of the garden center expansion will be sloped at 2% away from the building per the architectural plans. The runoff will then enter the existing storm sewer system. This is the same drainage pattern as under existing conditions. 7) A construction please Erosion & Soil Contol Plan shall be developed. (A concrete washout is required of there will be on-site concrete work). Response: An Erosion & Sediment Control Plan has been developed per the City Code requirements and is included in this submittal. 8) Right-of-IPay Permit and Bonding is required for use of an existing entrance for con- sh~uction Traffic. Response: ARight-of--Way Permit will be applied for by the contractor and the required bond amount will be posted prior to construction commencing. 9) A Stormwater Pollution Protection Plan shall be provided and a minimurn of 2 BMP's shall be provided. Response: A full Stormwater Pollution Prevention Plan has been prepared and is en- closed for your review. BMP's that will be utilized for taus project include inlet protections, silt dikes and the existing Stormwater management pond. 10) A Stormwater Management Permit is required. Response: The permit application is included in this submittal for approval. Should you have any comments, questions, or are in need of additional information, please feel free to contaot me at (585) 742-2222 x246. Sincerely, ~~~~ Daniel P Yanosh Jr, P ~, CPESC cc: Derek Melton, Lowe's (email) Peter Velde, Esq., Kightlinger & Gray (email) ~YV°Vty City of Carmel STORMWATER MANAGEMENT PERMIT APPLICATION +oua~ Permit ti: Submission of this application constitutes notice that the project site owner is applying for coverage under the Carmel City Code §G-180 through §6-2D9 for Stormwater discharges associated with construction activity disturbing'/ acre or more of land. Permitted project site owners are required to comply with all terms and conditions of the Carmel City Code. Project Name: / /tA ~~GN ~'t~r C Project Location: - /Ys 9~ ~owa s ln~a Quarter: N~ Section: I Q Township: ~ $ N Range; ' `E. T ` ~/f) Title/Position: p Project Site Owner Name: nr/ /'QAms ~P I'.G~ar~ ~e;l;~ Puna cwten~ Company: ' / /~ Address: //OS (...p~~+5 ~~~~ e Kd / (O SWtc: Zip: City: W. I key logo n1c Q Z~~ ! ~ Phone: Fax: E-mail Address: ~33L (,54 • t{o5 ~33G GS4.3lvol SWPPP Contact Person: ; ~ ( Company Name: /}~ ~ ~GtntG~ Ar/o5~,• ~r ~ GII il~crin Affiliation to Project Site Owner: Po•~~~ E~ ,~«.- Address (If different fi'am above): C~/~ F, s ti~•s ,Z~r,. City: ~/ c.~r State: N`/ Zip: l~I~~ ~y Phon : Fax: E-mail Address: 58S 7 z o2i (S85) `}z- ~/4i cl 4ncsl7 ~ a d, Cnn~ Estimated Project Duration: 3 ry/o~5 By signing this application, I certify the following A. The storm water quality measures included in the Storm Water Pollution Prevention Plan (SWPPP) comply with the requirements of §6-180 through §6.209 of the Carmel City Code, [he City of Carmel Stormwater Technical Standards Manual, and all applicable federal, state, and local s[onnwater requirements; B. The measures required by the Stormwater Pollution Prevention Plan (SWPPP) shall be implemented; C. Stormwater quality measures beyond those speci£ed in the Stormwater Pollution Prevention Plan (SWPPP) will be implemented during the life of the permit if necessary to comply with the Carmel City Code; and D. Implementation of Stormwater quality measures will be inspected by trained individuals; E. Pursuant to Carmel City Code § 6-205, rho City reserves the right to inspect and/or implement the Stormwater quality measures outlined in the Stormwater Pollution Prevention Plan (SWPPP) or provide mainteumrce thereto, at my expense, if not performed. Signature fProject Owner Printed Name ') Permi[Approved: Engineering Dcpu'[men[ Dale ae of tlus application wnsGtutes l • r ~'• ~1 LOWE'S DEVELOPMENT CRITERIA SECTION 800 NATIONAL STORM WATER POLLUTION PREVENTION PROGRAM ["© 2009 LF Corporation All rights reserved. No part of this publication my be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of LF Corporation. Lowe's is providing these Section 800 requirements for the purpose of assisting its third-party engineers in developing and drafting Storm Water Pollution Prevention Plans that comply with Lowe's standards. Neither these requirements nor the attached annotated outline of a plan constitute legal or regulatory advice or in any way relieve or lessen third-party engineers of their obligation to independently ascertain, identify, and comply with applicable federal, state, or local requirements of either a generic or site-specific nature. F~ ANY AND ALL RELIANCE UPON THESE REQUIREMENTS AND THE ATTACHED OUTLINE OF A STORM WATER POLLUTION PREVENTION PLAN ARE AT THE ENGINEER'S RISK".] LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2n2/09 Page 2 of 99 ~:..,, • INTRODUCTION It is the purpose of this Section 800 to provide a discussion of the general requirements that arise under environmental standazds governing storm water from construction sites, so that Construction Activities associated with the development of Lowe's facilities will occw in compliance with those requirements. This Section 800 discusses the responsibilities of the Contractor, the Operator and the Operator's Engineer, as those terms are defined in Section 822 and further discussed below. (Note: All capitalized terms used herein are defined terms with their stipulated meaning set forth in Section 822.) This Section 800 document also provides the Operator's Engineer with a model Storm Water Pollution Prevention Plan (SWPPP) for a construction site which meets the usual requirements of the federal general storm water permit. This Section also provides a discussion of the general requvements under environmental standards governing the storage and use of petroleum on construction sites. Under current regulations Section 40CFR 112.3 (a) and (b) requires a new facility becoming operational after August 16, 2002 to prepare and fully implement a SPCC Plan before July I, 2009. The requvements for the SPCC Plan are conditional based on the aggregate petroleum storage per the Federal guidelines. It is the Operator's Engineer's responsibility to adapt this document and to independently ascertain, identify, and comply with applicable federal, state, and local requirements based upon the specifc Project location. _ The Clean Water Act ("CWA"), established in 1972 as amendments [o the Federal Water Pollution Control Act, prohibits the discharge of any pollutants to navigable Waters of the United States from a point sowce, unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit. In 1990, EPA promulgated rules establishing Phase I of the NPDES storm water program. Phase II of the NPDES storm water program became final on December 8, 1999 and the NPDES Construction General Permit for both large and small Construction Activities became effective July ], 2003. As the implementation of these regulations has evolved, most states have taken over both permitting and enforcement authority, but some states or areas are still under the dvect jurisdiction of the EPA. While this program is intended to have either state or federal oversight, the Operator's Engineer should verify that this is the case, and that only one agency may assert jwisdiction. If more than one agency may assert jurisdiction, as, for example, where there is a state program which has not been approved to • take over all aspects of the federal program, then it may be necessary to document compliance with both state and federal programs. Jn addition, the Operator's Engineer should determine any other local, regional, special purpose or other governmental units that might assert jurisdiction over development and its storm water impacts (for example state and local erosion and sediment control programs and or county or municipal storm water regulations promulgated pursuant to Phase II). The Operator's Engineer must supply any information which is site specifc and/or required by state or local law. The Operator's Engineer should be aware that variances in the SWPPP requirements exist from state to state and that local jwisdiction also may have regulations which will also necessitate changes to specifics of the SWPPP. THE OPERATOR'S ENGINEER MUST CONTACT THE APPLICABLE AUTHORITY (IES) TO DETERMINE CURRENT REGULATORY AND PERMITTING REQUIREMENTS. IT IS THE RESPONSIBILITY OF THE OPERATOR'S ENGINEER TO EVALUATE THE SITE, CHOOSE THE BEST MANAGEMENT PRACTICES (`BMPS") FOR THE SITE, AND INCORPORATE THOSE BMPS INTO THE SWPPP PREPARED FOR THE SITE, AND EXPLAIN THE SITE FEATURES ADDRESSED AND THE BMPS INCORPORATED IN THE SWPPP AT THE PRE-CONSTRUCTION MEETING. The EPA's regulations place responsibility for complying with [he storm water discharge permitting requirements of the CWA on the "Operator" of a project. In most jwisdictions there can be more than one Operator for a specific construction project. EPA's regulations define an Operator as any party associated with a construction project that meets either of the following two criteria: I) the party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or 2) the party has day- to-day operational control over those activities at a project which are necessary to enswe compliance with a Storm Water Pollution Prevention Plan for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPP or comply with other permit conditions) - (see Section 818 for additional definitions). Prior to submission of the Notice of Intent (NOI), it will be determined if an entity ~- participating in Constructiom Activities at the Project is an Operator. Each entity must carefully review the • applicable transaction documents for the Project to determine if it satisfies the requirements of an Operator and/or has been assigned or has assumed the responsibility for complying with the storm water discharge permitting - requirements of the CWA. LOWE'S OF CARMEL, INDIANA SECTION S00 REVISED: 2/12/09 - Page 3 of 99 ~. -.. • When the Project site is owned by an entity other than Lowe's, the Operator's Engineer must carefully evaluate the applicable federal or state and local permit requirements to be sure that Lowe's interests are protected during the construction process, even though Lowe's may not be considered an Operator/pelmittee in these cases. NOTE: If the Operator's Engineer (or an engineer o[ another party to the transaction) has any concern or question about the designation of a party's status in connection with the Project, or the necessity for filing separate NOIs, the Operator's Engineer (or an engineer of another party) must contact the Lowe's Legal Department to ascertain the status assigned to all parties under the various applicable transaction documents. Failure to do so could result in violations of federal, state, and/or local laws. In any event, the Operator's Engineer shall prepare a SWPPP in strict compliance with Section 800, and the Operator(s) and Contractor(s) shall fully implement such SWPPP. In some cases, separate NOis and SWPPPs shall be prepared for the Site and Building operations, iC requested by Lowe's. The Operator's Engineer is reminded that the SWPPP is more than an Erosion and Sediment Control Plan, because it must also address measures to minimize potential storm water pollution from other sources which aze common at construction sites. In order to complete the SWPPP with the information necessary to comply with regulatory requirements, the Operator's Engineer will also have to provide information on the following topics: • Impact of Construction Activities on endangered species, critical habitat, and the basis for permit coverage • Impact of Construction Activities on Indian lands and the name of the reservation • Impact of Construction Activities on historical sites and eligibility of permit coverage • Impact of Construction Activities on Wetlands and Waters of the United States. • Information on soils at the site • Information on annual rainfall and months of peak rainfall at the site • Latitude and longitude of the site • Name of receiving waters for storm water dischazges from the site including name of MS4 if present and impact of discharges on 303(d) Impaired Waterways. • The Operator's Engineer is reminded that evaluation of the site for endangered species and historical sites should begin very early in the design process because of the length of time these evaluations may take. The Operator's Engineer should also be aware that state and local jurisdictions may require redesigning the plans and/or additional information about issues or aspects of the site. As a result, the Operator's Engineer should determine any such requirements very early in the design process (information should be available from the Site Development Manager as part of the Section 700 Criteria). The following information is requued to be included on the SWPPP SITE MAP by [he EPA permit (check state and local permit requirements to determine other items which may be required): 1. Direction(s) of storm water flow and approximate slopes anticipated after grading activities; 2. Areas of soil disturbance and areas [hat will not be disturbed (or a statement that all azeas of the site will be distwbed unless otherwise noted); 3. Locations of major structural and nonstructural BMPs identified in the SWPPP; 4. Locations where stabilization practices are expected to occur; 5. Locations of off-site material, waste, borrow and equipment storage areas; 6. Locations of all Waters of the United States (including Wetlands and surface waters of the state); 7. Locations where storm water discharge [o a surface water and/or discharge to MS4. 8. Areas where final stabilization has been accomplished and no further construction-phase permit requvement apply. 9. Other important features to include on the SITE MAP include planned construction activities, natural features, protected azeas and features and erodible soils. ~• LOWE'S OF CARME4INDIANA SECTION 800 - REVISED:2tl2/09 Page 4 of 99 ~• Responsibilities for Compliance with Storm Water Discharge Permit Regulations at Construction Sites Operator's Engineer's Responsibilities: 1. Prepare the SWPPP in accordance with this Section 800 using good engineering practices, Best Management Practices, and in compliance with all federal, state and local permit requirements. This preparation shall also include providing a description of the Project and any outpazcels as it relates to site ownership and development responsibilities. The Operator's Engineer shall also prepaze the SWPPP Ledger for use in the implementation and documentation of the SWPPP at the Project during Construction Activities. Note: Two (2) copies, in three ring binders shall be provided by the Engineer. One (1) copy shall be provided to the Contractor and one (1) copy shall be provided to the Lowe's Project Manager. In addition, the Operator's Engineer shall provide an electronic copy of the SWPPP to include all attachments and/or appendices. The electronic copy shall be up-loaded to the SWPPP Documentation Folder on LowesLink immediately following the SWPPP Pre-Construction Meeting. 2. Confirm with the Lowe's Site Development Manager, the total disturbed acreage and limit of work for 3. which Lowe's will be responsible. Prepaze the NOI form for the Operator's signature and forwazd to Operator for signature; submit the signed form to the appropriate regulatory agency along with any required fees and attachments. SWPPP must be complete prior to NOI submittal. 4. 5. Include a signed NOI in the SWPPP prepared for the Project. Participate a[ the pre-construction meeting with Contractor and appropriate subcontractors, which should include a review with all parties the requirements under this Section 800 and the SWPPP. 6 Review Contractor's SWPPP records on a periodic basis to ensure compliance with requvements for . reports and inspection and maintenance logs, if required by the state permitting authority or requested by 7. Operator. Certify to Operator the Contractor's compliance with S WPPP record keeping requirements, if requested by ~~ 8. Operator. Sign, seal, and date the Certification Statement on the cover page of the SWPPP. Operator's Responsibilities: 1. Have an authorized corporate officer sign the NOI and SWPPP Certification Statement on the cover page of the SWPPP. 2. Schedule and conduct a SWPPP Pre-Construction Meeting with the Operator's Engineer, Contractor and appropriate subcontractors, which should include a review with all parties the requirements under this Section 800 and the SWPPP. 3. Require the Contractor to implement fully the SWPPP prepazed for the site by the Operator's Engineer. 4. Forwazd a copy of the original permit certificate received from the regulatory agency to the Contractor for inclusion in the SWPPP Ledger and display at the Project. 5. Ensure (through periodic observations by Operator's Project Manager) and document that the Contractor is implementing the controls, inspections, maintenance, record-keeping, and all other requvements of the SWPPP. The Lowe's Project Manager will maintain a separate copy of the SWPPP provided by the Operator's Engineer as stated above. 6. File an appropriately sigtled Notice of Termination ("NOT") form when site work construction is completed and stabilization is achieved. 7. Request and receive all SWPPP records from the Contractor and archive those records for a minimum of five (5) yeazs aRer the NOT is filed. If the Operator is not Lowe's, the Operator shall archive the records in both paper and optically scanned format on CD, unless otherwise directed by authorized personnel at Lowe's. 8. Provide and document (Form J-1) certification and training of the Contractor's Project Manager and Contractor's Snperintendent which shall be performed at apre-construction meeting and administered by the Lowe's Project Manager and the Operator's Engineer. ~~ LOWE'S OF CARMEL, INDIANA SECI70N 800 REVISED: 2/12/09 Page 5 or99 ~~ ~. ~~ Contractor's Responsibilities: 1. If required by the regulatory agency, prepare and sign an NOI form for the Contractor and submit to the regulatory agency along with any required fees and attachments. 2. If required by the regulatory agency to submit a NOI (as an Operator) sign the "Second Operator's Certification" form provided in the SWPPP. 3. Sign the S WPPP Contractor's Certification Form in the SWPPP prepazed for the Project (Form B-1). 4. Require all subcontractors to sign the Subcontractor's Certification Form in the SWPPP prepared for the Project (Form B-2). 5. Provide subcontractor training sessions bi-weekly for all entities and subcontractors involved with the SWPPP. 6. Implement the Erosion and Sediment Control Plan, and other requirements of the S WPPP. 7. Provide Qualified Inspectors, and documentation of qualifications, for the controls implemented at the Project. 8. Conduct all necessary inspections at the required intervals and prepare and retain written documentation of those inspections and all other written documentation required by the Construction General Permit. 9. Keep a copy of the SWPPP, all NOI's, permit certificates, permit language, Materials Management Plan (MMP), inspection records, and other required records on the Project. l0. Post in a prominent place at the Project entrance and inside the job trailer office wall those documents required to be posted under the terms of the Construction General Permit including Lowe's Form I-l, [he NOI andNOC. 11. Update and make modifications to the SWPPP and supporting documents (such as the BMPs) as necessary to comply with applicable laws and regulations or with any updating and modification requirements discussed in this SWPPP. Any updates or modifications must be approved by the Operator and the Operator's Engineer (see Sec. 801 I). All modifications will be documented both on Form D-1 and on the SITE MAP. 12. If required by the regulatory agency, prepare and sign a NOT form when site work construction is completed and stabilization is achieved. 13. Transfer the SWPPP documents, along with all NOIs, permit certificates, NOT's, and written records required by the Construction General Permit to the Operator for archiving in both paper and optically- scanned format on a CD. (In those instances where Lowe's is not an Operator, the Contractor shall also forwazd a copy of the SWPPP documents in both formats to Lowe's.) Off-site borrow or fill locations The Construction General Permit requires that off-site borrow, fill, and material storage sites be permitted under the NOI and covered by the SWPPP for the construction site, only if the off-site sites are used solely for that one project. If anoff-site borow or fill location or material storage site is operated by a subcontractor for more than one project, the Operator of [his multi-use site must obtain a separate NOI. The multi-use site must be covered under its own Project Permit. A Construction General Permit from a state, local, or appropriate governmental agency may have different requirements relating to off-site borrow or excess (waste) locations. The Operator's Engineer must determine any applicable permit requrements for off-site borrow or excess (waste) locations. The requirements must be incorporated into the SWPPP, where applicable. If a separate Genera] Permit coverage is required for these activities, a copy of the coverage must be provided in the SWPPP. Definitions -please refer to Section 818 References and Resources -Storm Water Pollution Prevention Plans for Construction Sites Additional information regarding permit requirements, storm water pollution prevention plans, other federal information and links to state agencies can be found at the EPA website at http://cfpub.epa.gov/npdes/. Contact state environmental agencies and/or other local permitting authorities to determine any additional permitting requirements. U.S. EPA, Storm Water Management for Construction Activities, Developing Pollution Prevention Plans and Best Management Practices, EPA 832-R-92-005, September, 1992. LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: LI2/09 Page 6 of 99 ~• North Central Texas Council of Governments, Arlington, Texas, Storm Water Quality Best Management Practices for Construction Activities, 2nd edition, 1999. Asmus, Susan, ed., Storm Water and Urban Runoff Guide for Builders and Developers, National Association of Home Builders, Washington, D.C. Dodson, Roy D, Storm Water Pollution Control, Industry and Construction NPDES Compliance, McGraw-Hill, New York, NY, 1995. U.S. EPA Office of Water Management NPDES Web Page [http://c fpub.epa. gov/npdes/] U.S. EPA Office of Water Management, Construction General Permit [http://www.epa. gov/npdes/pubs/cgp2003_entirepermit.pdfj ASCE/EPA Storm Water Best Management Practices Database [http:/hvww. rice. org/community/waterresowces/n sbmpdb. cfm] Climate Data, NOAA Regional Climate Centers [http:!/www.ncdc.noaa.gov/regionalclimatecenters.html] Endangered Species Act Review Procedwes [http://cfpub.epa.gov/npdes/stormwater/esa. cfm] National Register of Historic Places [http://www. cr.nps. gov/nr] ~• Total Maximum Daily Loads (303(d) Impaired Waterways) [http://epa.gov/owow/tmdl/] Construction Industry Compliance Assistance [http://www.cicacen[er.org] Lowe's Stormwater Contractor Cowse & Information Resources [www.loweslink.com/ecwebdoc/ SCOrmwater Pollution Prevention Program] Font and Typeface Convention The following font and typeface conventions are used throughout this document: Bold-typed language is used for emphasis in text and caption headings. Bold-typed, all capitalized language is used for the purpose of providing conspicuous notice. Bracketed, italicized language denotes concepts to be inserted by the engineer sealing the SWPPP. Bracketed, non-italicized provisions should be removed in the Erna! S WPPP. ~• LOW E'S OF CARMEL, INDIANA SECFION 800 REVISED: 2!12/09 Page 7 of 99 ~. LOWE'S OF CARMEL, INDIANA 14598 Lowe's Way City of Carmel, Hamilton County, Indiana Prepared for Lowe's Home Center, Inc. 1605 Curtis Bridge Road Wilkesboro, NC 28697 Prepared by APD Engineering, PLLC (585) 742-2222 p (585 924-4914 f March 27, 2009 I hereby certify that I or my designated agent have visited and examined the site, and that to the best of my knowledge and belief, all of the requirements of the NPDES Construction General Permit for Storm Water Dischazges From Construction Activities and the Carmel Ciry Code and Lowe's Section 800 Development Criteria (regarding the preparation of this Storm Water Pollution Prevention Plan for this specific site development) have been incorporated into these plans and specifications. t P~D Si afore oCEn leer ~o~~ CPESC or CPSWQ Certification Number 1 r1~E~- r trpn~o~rl ~~ Printed Name 3/~1 i~~ Date ~- ]This document is provided as an annotated outline and reference for Lowe's internal review. Actual storm water plans and related documents must conform to site-specific requirements as identified by the Operator's ~• Engineer.] LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 8 of 99 [ENGINEER'S SEALJ F°'~. ~. Contact Information/Responsible Parties Operator(s): Lowe's Home Center, Inc. Layne Adams 1605 Curtis Bridge Road Wilkesboro, NC 28697 (336) 658-4054 (336) 658-3601 Lowe's Project Manager: Kevin Pazsons 1605 Curtis Bridge Road-REEC Dock Willcesboro, NC 28697 (336) 658-4017 (336) 658-3601 General Contractor: Insert Company or Organization Name: insert Name: • Insert Address: Insert City, State, Zip Code: Insert Telephone Number: Insert Fax/Email: Insert area of control (if more than one Operator at site) Qualified Inspector+ SPCC Facility Response Coordinator/SWPPP Contact(s): Insert Company or Organization Name: Insert Name: Insert Address: Insert City, Slate, Zip Code: Insert Telephone Number: Tnsert Fax/Emaik Earthwork Subcontractor(s) Responsible for Erosion and Sediment Control: Insert Company or Organization Name: Insert Name: Insert Address: Insert City, State, Zip Code: Insert Telephone Number: Insert Fax/Email: " Repeat as necessary ~.. LOWE'S OF CARh1EL, WDIANA SECTION S00 REVISED: 2/12/09 Page 9 of 99 Operator Certification I certify under penalty of law that [his document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, [rue, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature of Operator's Responsible Corporate Officerc7~~'~"~~- Printed Name Title VP Retail Facility Management Date `~~ ~ Second Operator Certification (Contractor or Owner) (Where Contractor or Owner is also required to submit an NOI as a second Operator) I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based oD my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature of Responsible Corporate Officer Printed Name Title Date This form must be signed by a responsible corporate officer of the Operator(s) or other party meeling tke "Signatory Requirements"in Appendix G, ll of fhe Federal NPDES Permit or other applicable state permit and section. !f there are more than two Operators associated with this Project, an additional certification should be prepared and signed LOWE'S OF CARMEL, INDIANA SECf10N 800 REVISED: 2/12/09 Page 10 of 99 • Table of Contents 1. Written Storm Water Pollution Prevention Plan Section 801 -Scope A. Purpose B. NPDES Construction General Permit for Storm Water Dischazge from Construction Sites C. Notice of Intent D: Responsibilities of the Contractor Regazding the Construction General Permit E. Contractor Certification and Pre-construction Training F. SWPPP Certification Requrements for the Contractor and Subcontractors G. SWPPP Accessibility and Posting Requirements H. SWPPP Ledger I. Inspections and Record Keeping J. SWPPP Modifications K. Contractor's Monthly Training L. Final Stabilization and Termination of Permit Coverage Section 802 -Project Name and Location Section 803 -Operator's Name and Address Section 804 -Project Description Section 805 -Potential Sowces of Pollution Section 806 -Project Information; Existing Conditions, Runoff Coefficient, Soils and Rainfall Information Section 807 -Name of Receiving Waters Section 808 -Indian Country Lands Section 809 - Endangered or Threatened Species Section 810 -Critical Habitat Section 811 -Historic Structures Archeological and Cultwal Resources Section 812 -Wetlands and/or Other Swface Waters Section 813 -Site Featwes and Sensitive Areas to Be Protected Section 814 -Erosion and Sediment Control Best Management Practices A -Temporary Sediment Basin or Trap B -Sequence of Major Construction Activities Section 815 -Permanent Stormwater Best Management Practices A - Stormwater Management B -Velocity Dissipation C -Post Construction Operation and Maintenance Plan Section 816 -Site Map (Progress Drawing) Section 817 -Other Controls Section 818 -Compliance with Other Stale and Local Regulations Section 819 -Materials Management Plan A. Materials Covered B. Material Management Practices C. Spill Prevention and Response Procedwes Section 820 -Control of Non-Storm Water Dischazges Section 821 -Dedicated Concrete Batch Plant Section 822 - Definitions Section 823 -Liquidated Damage Provisions 2. Vicinity Map 3. Site Maps including Approved Erosion and Sediment Control Plan and Details (Existing Survey, Grading and Drainage Plan, Grading and Drainage Details, Sediment and Erosion Control (Phase I and Phase R SWPPP), Sediment and Erosion Control Details, and Landscaping (Soil Stabilization) Plan). LOWE'S OF CARME4INDLWA SECTION 800 REVISED: 2/12/09 Page 11 oT99 ~` 4. Signed Notice of Intent (NOn or Other Applicable Notification Form and State or Local NOI for Non Storm Water Discharge (If Required) 5. Confirmation of NOI Delivery 6. Copy of the Letter (or other documentation) Authorizing Permit Coverage 7. Federal, State and/or Local NPDES Construction General Permit and State or Local Non-Storm Water Discharge Permits 8. Blank Federal, State or Local Notice of Intent (NOn and Notice of Termination (NOT) or Other Applicable Forms and Blank NOI and NOT for Non-Storm Water Discharge Permits 9. Signatory Authorization Designation Form (Form A-1) 10. Contractor's Certification (Form B-1) - 11. Subcontractor's Certification (Form B-2) 12. Inspection Report (Form C-1) 13. Lowe's Construction Manager Monthly Inspection Report (Form C-lA) 14. Stabilization Form (C-2) ~• 15. Implementation Form (C-3) D 16. -1) Modification Log (Form 17. Modification Report (Form D-1A) 18. Bi-weekly Training Log Forms (Forms E-1 through E-8) 19. Final Site Inspection Repo~t/Notice of Termination Checklist (Form F-1) 20. Reportable Quantity Release Form (Form G-1) 21. SPCC Self-Certification Statement (Form G-2) 22. SPCC Facility Description and Potential Tank, Equipment, and Operational Equipment Failure Resulting io Spills (Form G-3) 23. Project Rainfall Log (Form H-1) 24. Construction Site Notice (Form I-1) 25. Pre-Construction Meeting Training Agenda (Form J-1) 26. Sample Forms A-1 Through I-1 27. Permit Eligibility Documentation. Appendix A -.TMDL Documentation (303(d) Impaired Waterway) Appendix B -Endangered Species Act Documentation Appendix C -Critical Habitat Documentation Appendix D-Historic Resource Documentation LOW E'S OF CARMEL, INDIANA SECTION 800 REVISED: 2!12/09 Page 12 of 99 ~• LOWE'S NATIONAL SWPPP CRITERIA 801 SCOPE A. PURPOSE: Lowe's has placed an emphasis on the development and proper implementation of a National Storm Water Pollution Prevention Program that will be utilized on each Project in addition to Indiana National Pollutant Discharge Elimination System (NPDES) Construction General Permit governing storm water discharges during construction, and in accordance with Erosion and Sediment Control practices. The Contractor's participation in this program is mandatory and its non-compliance is subject to various remedies, including without limitation, monetary set-offs, withholding payments; reimbursement for costs, expenses (including reasonable attorney's fees), fines and civil penalties incurred by Lowe's; and/or liquidated damages as set forth in Section 9.S.a.8 of Division 0 of the Contractor's contract with Lowe's and detailed in Section 823 attached hereto. This section provides a descriptive explanation of Lowe's National Storm Water Pollution Prevention Program and required Contractor participation. B. NPDES CONSTRUCTION GENERAL PERMIT FOR STORM WATER DISCHARGE FROM CONSTRUCTION SITES: Regulations promulgated by the Indiana Department of Environmental Management regulate the discharge of storm water from Construction Activity on sites where one or more acre of soil is disturbed. One of the ways to comply with these regulations for affected sites is to request coverage under the General Permit for Construction Activities from the appropriate permitting authority. In order to use the Construction General Permit, a Notice of Intent (NOI) form must be completed and mailed to the Indiana Department of Environmental Management at least [fourty-eight (48) hours prior to any Construction Activities and a Storm Water Pollution Prevention Plan (SWPPP) for the site must be prepared and followed during the 6 -- Construction Activities (see definition in Appendix A). • C. NOTICE OF INTENT: The Operator will not be required to petition the Indiana Department of Environmental Management for storm water discharges during constmction at this site to be covered by the NPDES Construction Genera] Permit following completion of this SWPPP. The total disturbance for this site is under the one (1) acre threshold and therefore is not regulated by the Indiana Construction General Permit. If the contractor disturbs more than one (1) acre, it will be the contractor's responsibility to notify the Owner and submit an NOI prior to the limit of disturbance being expanded. An NOI (using the form required by the federal, state, and/or local permitting agency) to be covered under this permit will be filed by the Operator. Authorization to discharge storm water from Construction Activities is effective 48 hours a complete NOI is given by the state environmental agency or posted on EPA's NPDES website http~//www epa eov/n 1Ldes/stormwater/cep. The SWPPP must be prepared prior to submittal of the NOI. 1. Contractor Obligation a. The Contractor meets the permitting authority's defmition of "Operator" and is not required to file a separate NOI prior to any Construction Activities. b. The Contractor will not be required to become a Co-permiee with the Operator. 2. Other Requirements Regarding the NOI: a. Confirmation of delivery of the NOT (if used) [o EPA or EPA's electronic NOI system or state environmental agency must be included in the SWPPP. Confirmation can include a postal receipt or electronic acknowledgement or active status by EPA. b. Where discharging to an MS4, anyone filing an NOI must also submit a copy of the NOI to the MS4 and include confirmation of delivery for each party in the SWPPP. c. The signatory on the NOI must sign all documents (i.e., inspection reports) ~• associated with the SWPPP. If the signatory chooses not to sign all documents, he/she must designate a duly authorized representative to sign all relevant documents. This designation must be made in writing and be included in the LOWE'S OF CARMEL, INDIANA SECTION 800 _ REVISED: 2!12/09 Page 13 of 99 ,,.,,, ~• SWPPP. The duly authorized representative may be either a named individual or any individual occupying a named position. Additionally, in some states, the written designation must be submitted to the jurisdictional authority. Form A-1 is to be used for designating duly authorized representatives. D. RESPONSIBILITIES OF CONTRACTOR REGARDING THE CONSTRUCTION GENERAL PERMIT: The Contractor shall manage the dischazge of storm water from the site in accordance with the Carmel City Code for ConsWction Activities conditions and the following provisions: 1. The Contractor shall be responsible for conducting the Storm Water Management practices in accordance with the permit. 2. The Contractor shall be responsible for providing Qualified Inspectors (See Section 801-I and Section 818 for description) to conduct the inspections required by the SWPPP. 3. The Contractor shall be responsible for any enforcement action taken or imposed by federal, state, or local agencies, including the cos[ of fines, construction delays, and remedial actions resulting from the Contractor's failure to comply with the permit provisions. 4. It shall be the responsibility of the Contractor to make any changes to the SWPPP necessary in order to comply with applicable laws and regulations or with any updating and modification requirements discussed in this SWPPP when the Contractor or any of his subcontractors elects to use borrow or fill or material storage sites, either contiguous to or remote from the construction site, when such sites are used solely for the Project. Such sites are considered to be part oC the Project covered by the permit and this SWPPP. Off-site borrow, fill, or material storage sites which are used for multiple construction projects are not subject to this requirement, unless specifically required by ,~" state or local jurisdictional entity regulations. Off-site borrow and/or fill sites which are ~• used for multiple construction projects must be operating under an approved permit from the jurisdictional entity. The Contractor must provide location and permit number of approved multi-use off-site borrow/fill sites in the SWPPP Ledger. The Contractor should consider this requirement in negotiating with earthwork subcontractors, since the choice of an otT--site borrow, fill, or material storage site may impact their duty to implement, make changes to, and perform inspections required by the SWPPP for the site. E. CONTRACTOR CERTIFICATION & PRE-CONSTRUCTION TRAINING: The Contractor's participation in Lowe's Stormwater Contractor training and certification program is mandatory. The Contractor's Superintendent is required to obtain certification by successfully completing the Lowe's Stormwater Contractor course every two years. Site specific training of the Contrnctor's Project Manager and Superintendent will be performed at the pre-construction meeting and administered by the Lowe's Project Manager and Operator's Engineer using~Form J-1. The Pre-Construction Meeting will occur before any land disturbing activities are started. The Certification and Trnining Program have been developed to stress the importance of the following topics: • Erosion and sediment control for water quality protection • Implementation of Erosion and Sediment Control Plans • The importance to proper installation of erosion and sediment control measures • Regular inspection by Qualified Inspector of erosion and sediment control measures • Diligent mahltenance to erosion and sediment control measures • Contemporaneous preparation of accurate and complete records regarding inspection and maintenance of erosion and sediment control measures - •Record-keeping for inspections and maintenance activities Upon completion of the Pre-Construction training Meeting, the Project will receive a SWPPP Ledger for use by the Contractor's Project Manager and Contractor's Superintendent with al] required certifications and record keeping forms involved with the installation and/or maintenance of erosion and sediment control measures. A copy of the SWPPP Ledger with all required LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12Po9 Page 14 of 99 certifications and record keeping forms will be up-loaded by the Operator's Engineer to [he SWPPP Documentation Folder on LowesLink. The Operator's certification and training shall be in addition to any federal, state or local certifications or training required or available to comply with NPDES stormwater permit requirements by the Contractor. A completed form J-1 must be included in the SWPPP Ledger to provide documentation that the pre-construction meeting has been conducted in compliance with Lowe's requirements. SWPPP CERTIFICATION REQUIREMENTS FOR TIIE CONTRACTOR AND SUBCONTRACTOR(S): The SWPPP Ledger shall provide forms for both the Contractor and Subcontractor(s) identifying the Company Name, Business Address and Telephone Number along with the Responsible Person for the Contractor and all subcontractors' who will implement the measures identified in the SWPPP. The Contractor shall sign Form B-1, "Contractor's Certification" and all Subcontractors shall sign Forro B-2, "Subcontractor's Certification", verifying they have been instructed on how to comply with and fully understand the requirements of the Carmel City Code and SWPPP. These certifications must be signed, by a responsible corporate officer or other party meeting the "Signatory Requirements" in Appendix G, 11. of the Federal NPDES Permit, on behalf of each entity, prior to the beginning of any Construction Activities and shall be filed in the Project's SWPPP Ledger. G. SWPPP ACCESSIBILITY AND POSTING REQUIREMENTS: The SWPPP Ledger is meant to be a working document that shall be maintained by the Contractor at the site of the Construction Activities at all times throughout the Project, shall be readily available upon request by the Operator's personnel or the EPA state or local agency approving erosion and sediment control plans, grading plans and/or stormwater management plans; local government officials; the operator of a MS4; and representatives of the USFWS or NMFS from the date of commencement of construction activities to the date of Final Stabilization.. If there is more than one Operator (• with day to day operational control over separate portions of the site a copy of the SWPPP must be \ available at a central location on-site for the use of all those identified as having responsibilities under the SWPPP. A sign must be conspicuously posted at both the main entrance of the construction site and inside the job trailer (unless local laws require different locations). Such sign must include Form I-1 (indicating the -ocation of the SWPPP and the name and phone number of a contact person responsible for access to the SWPPP) a completed NOI (if required) or completed NOIs if more than one Operator, and any other state or local specific requirements. The Notice of Coverage (NOC) or other form notifying the applicant that coverage under the applicable permit has been obtained must also be posted at both locations, once received. H. SWPPP LEDGER: A minimum of two (2) copies of the SWPPP Ledger, in three (3) ring binders shall be provided by the Operator's Engineer. One (1) copy shall be provided for use by the General Contractor and one (1) copy shall be provided [o the Lowe's Project Manager. A copy of the SWPPP Ledger with all required certifications and record keeping forms will be up- loaded by the Operator's Engineer [o the SWPPP Documentation Folder on LowesLink. SWPPP Ledgers shall be tabbed and indexed for the following sections: Table of Contents 1. Written SWPPP 2. Vicinity Map 3. Site Maps: Approved Existing Conditions Survey, Demolition Plan (if used), Grading and Drainage Plan, Grading and Drainage Details, Erosion and Sedimentation Control Plan(s) and Details, and Landscaping (soil stabilization) Plan(s) and Details 4. Signed Federal, State or Local Notice of Intent (NOI) 5. Confirmation of NOI Delivery 6. Copy of Notice of Permit Coverage 7. Federal, State or Local NPDES Construction General Permit LOW E'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page IS of 99 a. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Blank Copy of NOI and Notice of Termination (NOT) Signatory Authorization Designation (Form A-1) General Contractor's Certification (Form B-1) - Subcontractor's Certification (Form B-2) Inspection Report (Form C-1) Lowe's Construction Manager Monthly Inspection Form (Form C-1A) Stabilization Form (Form C-2) Implementation Form (Form C-3) Modification Log (Form D-1) Modification Report (Form D-lA) Monthly Training Log (Form E-1 through E-8) Final Inspection Report/Notice of Termination Checklist (Form F-1) Reportable Quantity Release Form (Form G-1) SPCC Self-Certification Statement (Form G-2) SPCC Facility Description and Potential Tank, Equipment, and Operational Equipment Failure Resulting in Spills (Form G-3) Project Rainfall Log (Form H-1) Construction Site Notice (Form I-I) Pre-Construction Meeting Training Agenda (Form J-1) Sample Forms Permit Eligibility Documentation The Operator's Project Manager must review and evaluate for compliance the SWPPP Ledger at each Project review. All inspection and maintenance forms must be signed by the Operator's Project Manager (or other duly authorized representative) at this review and be submitted with the Contractor's monthly application for payment. The approval of the Contractor's application for payment will be withheld until the SWPPP Ledger is deemed in compliance and all SWPPP inspection and maintenance forms and have been submitted to the satisfaction of the Operator. I. INSPECTIONS AND RECORD-KEEPING: Inspections are required at least every seven (7) calendar days and within 24 hours following a rainfall event of 0.5 inches or more of rain per 24- hour period and shall continue until the site complies with the Final Stabilization section of this document. INSPECTOR QUALIFICATIONS -Inspections must be conducted by a "Qualified" Inspector. "Qualified" is defined as a person knowledgeable in the principles and practices of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact storm water quality and to assess the effectiveness of any sediment and erosion control measures selected to control the quality of storm water dischazges from the Construction Activity (See defmition in Section 822 for ways to satisfy this requirement) 2. RAINFALL MONITORING - A rain gage shall be maintained on the site and a record of the rainfall amounts (in tenths of an inch) (record snowfall in inches) and dates shall be recorded every 24 hours on Form H-1 Rain Log. 3. INSPECTOR RESPONSIBILITIES -The Qualified Inspector shall have the primary responsibility and significant authority for the implementation, maintenance, inspection and modifications to the SWPPP. They will be trained in all the inspection and maintenance practices necessary for keeping the Erosion and Sediment Controls that are used onsite in good working order. They will also be trained in the completion of, initiation of actions required by, and the filing of the inspection forms. Documentation of Qualified Inspector training will be kept on site with [he SWPPP. 4. INSPECTION PROCEDURES -Inspections must include all areas of the site disturbed by Construction Activities and azeas used for storage of materials that are exposed to precipitation. Qualified Inspectors must look for evidence of, or the potential for, pollutants LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: L12/09 Page 16 0(99 . entering the storm water conveyance system. Erosion and Sediment Control measures identified in the SWPPP must correspond to those implemented at the site and each measure must be observed to ensure proper operation. Discharge locations must be inspected to ascertain whether Erosion and Sediment Control measures are effective in preventing significant impacts to Waters of the United States, where accessible. Where dischazge locations are inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable. Locations where vehicles enter or exit the site must be inspected for evidence of off-site tracking. The following inspection and maintenance practices will be used to maintain Erosion and Sediment Controls and stabilization measures: a. The Contractor's Superintendent will be responsible for these inspections, maintenance and repair activities, and filling out inspection and maintenance reports. b. All control measures will be inspected at least at the frequency identified in Section 801-I. Unless otherwise indicated in Section 801-I the minimum inspection frequency shall be once every seven (7) calendar days and within 24 hours following a rainfall event of 0.5 inches or more per 24-hour period. c. All measures will be maintained in good working order; if repairs or other measures are found to be necessary, they will be initiated within 24 hours of report, and completed within 48 hours of report. d. Built up sediment will be removed from silt fence when it has reached 25% of the height of the fence. e. Silt fences will be inspected for depth of sediment, tears, etc, to see if the fabric is securely attached to the fence posts, and to see that the fence posts are securely th the ground. f. The sediment basin, if present, will be inspected for depth of sediment, and built up sediment will be'removed when it reaches 25 percent of the des/gn capacity. • g. Temporary and permanent seeding and all other stabilization measures will be rowth and health ts h t b . y g , s, was ou are spo inspected for h. An Inspection Report (Form C-1) will be completed after each inspection. Copies of the report forms to be completed by the Qualified Inspector(s) are included in this SWPPP. i. Disturbed Areas and materials storage azeas will be inspected for evidence of or potential for pollutants entering stormwater systems. j. Report fo the City of Carmel within 24 hours any noncompliance with the SWPPP that will endanger public health or the environment. Follow up with a written report within 5 days of the noncompliance event. The following events require 24 hour reporting: a) any unanticipated bypass which exceeds any effluent limitation in the permit, b) any upset which exceeds any effluent limitation in the permit, and c) a violation of a maximum daily discharge limitation for any of the pollutants listed by the EPA in the permit to be reported within 24 hours. The written submission must contain a description of the non-compliance and i[s cause; the period of non-compliance, including exact dates and times, and if the non-compliance has not been corrected, the anticipated time it is expected ro continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the non-compliance. k Spills or Releases of Hazardous Substances or Oil in excess of reportable quantities (as established under 40 CFR Part 1 ] 0, 40 CFR Part 117 or 40 CFR Part 302) must be reported. Section 818.2 and Form G-1 provides further details on the notification and reporting process 5. MONITORING -There are no specific monitoring requirements for this project, however, the City of Carmei reserves the right to require the installation of monitoring equipment as necessary. Data resulting from said monitoring equipment will be provided to the City of Carmel. ~• 6. THIRD PARTY INSPECTIONS -Where requved or requested by Lowe's, third party inspections by the design engineer shall be in addition to and shall not replace inspections by the LOWE'S OF CARMEL, RVDIANA SECTION 800 REVISED: 2!12/09 Page 17 of 99 ~~ Contractor (Qualified Inspector) and/or the Lowe's Project Manager. Frequency of third party F_ inspections shall be ai the interval agreed upon by the Lowe's Project Manager. The third party inspector shall complete and sign any inspection report required by the coca( NPDES authority and include a copy of the report in the SWPPP Ledger following each inspection. Any inspection reports shall also be submitted monthly to the Lowe's Project Manager. 7. RECOj2DKEEPING - It is imperative that documentation of the inspection and maintenance of all erosion and sediment control measures be completed as soon as possible after the inspection and/or maintenance is concluded (Form C-I), but no more than 2 hours after conclusion of any inspection or maintenance activity. The inspection reports identify any incidents ofnon-compliance with the permit conditions. Where a report does not identify any incidents of non-compliance, the report must contain a certification that the Project is in compliance with the SWPPP and the Construction General Permit or other applicable State Permit. The report must be signed in accordance with Appendix G, 11 (Signatory Requirements of the Federal NPDES Permit). These records are used to prove that the requved inspection and maintenance were performed and shall be placed in the SWPPP Ledger. In addition to inspection and maintenance reports, records should be kept of the Construction Activities that occur on the site. The Contractor shall retain copies of the SWPPP, all reports and data in paper and CD format for a minimum of five (5) years after the Project is complete. The forms found in this SWPPP shall be used by the Qualified Inspector(s) to inventory and report the condition of each measure to assist in maintaining the erosion and sediment control measures in good working order. The following list identifies the required Inspection and Maintenance documentation and record keeping that must be maintained by the Contractor under this SWPPP: ~• Form C-1 Inspection Report Form C-2 Stabilization Schedule Form C-3 Implementation Schedule Form D-1 Modification Log Form D-lA Modification Report - Form E-1/8 Monthly Training Log Form F-I Final Inspection Report/NOT Checklist Form G-I Reportab-e Quantity Release Form Form G-2 SPCC Self-Certification Statement Form G-3 SPCC Facility Description and Potential Tank, Equipment, and Operational Equipment Failure Resulting in Spills Form H-1 Project Rainfall Log These report forms shall become an integral part of the SWPPP and shall be made readily accessible to governmental inspection officials, the Operator's Engineer, and the Operator for review upon request during visits to the Project site. In addition, copies of the reports shall be ~• provided to any of these persons, upon request, via mail or facsimile transmission. Inspection and maintenance report forms are to be maintained by the permittee for five yeazs following the fmal stabilization of the site. LOWE'S OF CARMEL, [NDIANA SECflON 800 REVISED: 2/12/09 - Page 18 0(99 t~ 8. -OTHER RECORD KEEPING REQUIREMENTS -The Contractor shall keep the following records related to Construction Activities at the site: • Dates when major grading activities occw and the areas which were graded • Dates and details concerning the installation of structural controls • Dates when Construction Activities cease in an area • Dates when stabilization measwes aze initiated • Dates when an areas is stabilized, either temporarily or permanently • Dates of rainfall and the amount of rainfall • Dates and descriptions of the character and amount of any spills of Hazardous Substances or Oil • Records of reports filed with regulatory agencies if reportable quantities of Hazardous Substances or Oil spilled J. SWPPP MODIFICATIONS: The inspection report should also identify if any revisions to the SWPPP are warranted due to unexpected conditions. The~SWPPP is meant to be a dynamic working guide that is to be kept curzent and amended by the Qualified Inspector (or other party if so specified below) whenever: +• 1. There is a change in design, construction, operation, or maintenance at the construction site that has or could have a significant effect on the discharge of pollutants to the Waters of the United States that has not been previously addressed in the SWPPP. In addition to modifying the SWPPP, the Site Map may also require an amendment. Modifications to the SWPPP and/or Site Map in relation to any change in design, construction, operation, or maintenance at the construction site must be made within 48 hours of such change. 2. Inspections or investigations by site staff, or by local, state or federal officials, determine that the SWPPP is ineffective in eliminating or significantly minimizing pollutants in storm water discharges from the construction site. Modifications resulting relation to SWPPP ineffectiveness resulting from an inspection must be initiated within 48 hours. 3. BMPs are modified or additional BMPs are designed to corzect problems identified dwing an inspection. Revisions to the SWPPP related to additional or modified BMPs must be completed within 48 hours following the inspection. 4. There is a release involving a Hazardous Substance or Oil in an amount equal or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117 or 40 CFR Part 302. Revisions to the SWPPP must be completed within seven (7) calendar days of knowledge of the release. 5. A change in design, construction, operation or maintenance materially affects the site's spill potential per 40 CFR Part 112. Modifications to the SWPPP in relation to such change must be made within 48 hows of the change. ~• 6. There is an ojf--site borrow or fill area that is used safely for the Lowe's construction Project. The modification will be made by the Contractor and will include, at a minimum, a revision to the SWPPP and site maps and may impact the Contractor's duty to implement and conduct inspections. Any modification will also be made within 48 hows. The Contractor's failwe to modify the SWPPP to include off-site borrow or fill areas used solely for the Project or to monitor or report deficiencies to the Operator will result in the Contractor being liable for fines and construction delays resulting from any federal, state, or local agency enforcement action. LOW E'S OF CARMEL, INDIANA SECTION 800 REVISED: 2!12/09 Page 19 of 99 ~i 7. Modifications or changes in locations of materials management BMPs shown on the Site Map. Documentation of such modifications or changes must be documented on Form D-I and depicted on the Site Map within 48 hours of the.change. Any such changes to the SWPPP must be made in writing on the Modification Report (Form D-I) within 48 hours of the date such modification or amendment is made to the SWPPP. Changes must also be drawn on the Site Map within 48 hours of any modification or amendment is made to the SWPPP (see Section 816 Site Map). K. CONTRACTOR'S BI-WEEKLY TRAINING: The Contractor shall provide training sessions bi-weekly or every fourteen (14) days for all entities and subcontractors involved with installing, applying, performing, maintaining and inspection of the SWPPP. Logs of each bi-weekly training shall be kept by the Contractor on the "Bi-weekly Training Log" (Form E-1 through E-8), in the SWPPP Ledger. Training shall educate the attendees on construction requirements and inspection, recordkeeping, and maintenance procedures for, and Location and type of the following: 1. The Erosion and Sediment Control Plan 2. Temporary Sediment Control 3. Wind Erosion Control 4. Tracking Control 5. Temporary Soil Stabilization 6. Non-Stormwater Management 7. Waste Management and Materials Pollution Control 8. Oil Discharge Prevention Procedures L. FINAL STABILIZATION AND TERMINATION OF PERMIT COVERAGE: A site can be considered fmally stabilized when all soil disturbing activities have been completed and: 1. A uniform perennial vegetative cover with a density of 85% of native background vegetation (of a natural undisturbed reference site) for the unpaved areas and aeeas not covered by permanent structures has been established or equivalent permanent stabilization measures have been established a. .When background native vegetation will cover less than 100 percent of the ground (e.g., grid areas), the 85% coverage criteria is adjusted as follows: if the native vegetation covers 50 percent of the ground, 85% of 50 percent is (0.85 x 0.50 = 0.42) would require 42°/a total cover for final stabilization. 2. The facility no longer discharges storm water associated with Construction Activities 3. A Notice of Termination (NOT) Letter must be submitted to the City of Carmel once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed. The City of Carmel shall inspect the construction site and verify the requirements for an NOT have been met. 4. If an Indiana NOI is submitted a Notice of Termination (NOT) form must be filed by the Operator(s) with the Indiana Department of Enduonmental Management. The NOT must be submitted within 30 days of final stabilization. The Contractor is requued to complete and submit a "Final Stabilization Certification and Termination Checklist (Form F-I) to the Lowe's Project Manager to initiate filing of the NOT. Operators in addition to Lowe's are to submit the completed and signed NOT to the Lowe's Project Manager for filing jointly with Lowe's or notify Lowe's Project Manager five (5) days prior to filing the NOT in order [o coordinate the filing with Lowe's. The Operator's Project Manager must compete the NOT. The NOT must be ~• signed by the same signatory who signed the NOI (or by a person with an equivalent LOWE'S OF CARMEL, INDIANA SECTION S00 REVISED: 2/12/09 Page 20 or 99 ~. position to the NOI signatory) and subsequently submitted to the Lowe's Project Manager or to the appropriate agency. 5. Where discharging to an MS4, the signatory must also submit a copy of the NOT to the MS4 except where the Project is permitted solely by the MS4 in which case the Contractor will comply with appropriate MS4 termination requirements. 6. The Operator's Project Manager will provide a completed copy of the NOT to the Contractor for inclusion in the SWPPP, which will [hen be optically scanned into the final SWPPP document as required. The requirements of the SWPPP, including periodic inspections, must be continued until the NOT is filed. Once the NOT is filed coverage under the Construction General Permit is terminated and the Contractor's responsibility to implement the SWPPP is completed. Final payment and/or the release of retainage will be withheld until all provisions of the SWPPP have been submitted, completed and accepted by the Operator. 802 PROJECT NAME AND LOCATION Lowe's of Carmel, Indiana 14598 Lowe's Way City of Carmel, Hamilton County, Indiana 46032 39°59'57"N, 86°0724"W A general location map (i.e., USGS quadrangle map) with enough detail to identify the location of the construction site, direction of storm water flow, identify and label receiving waters within one (1) mile of the site, surface waters and Wetlands, storm water dischazge locations (with latitude and longitude) and other areas as required by is included. 803 OPERATOR'S NAME AND ADDRESS Lowe's Home Center, Inc. 1605 Curtis Bridge Road Wilkesboro, NC 28697 (336) 658-3002 804 PROJECT DESCRIPTION This Project will consist of demolition of a portion of the existing gazden center and constructing an expansion to the existing gazden center with associated parking lot modifications. The estimated time for completion of the construction on the Project is expected to be 90 calendar days. General soil disturbing activities will include: • Construction of temporary constriction exit points • Demolition of the existing garden center wall • Construction of an expansion to the garden center • Construction of curb and gutter, drives, and parking areas • Final grading and landscaping This Project is owned by Lowe's Home Center, Inc., and will be developed by Lowe's Home Center, Inc. There are no out parcels (discreet parcels of real estate adjacent to but not a part of the Lowe's parcel) associated with the construction of this project. 805 POTENTIAL SOURCES OF POLLUTION ~~ Potential sources of sediment to stormwater runoff include: LOWE'S OF CARME4 INDWNA SECTION 800 REVISED: 2/12/09 Page 21 °r 99 €~~• Clearing, grading, and excavating activities, primarily un-stabilized areas, paving operations, demolition and debris disposal, dewatering operations, material delivery, storage and use. and landscaping operations. Potential pollutants other than sediment include the following materials and substances that could be expected to be present on-site during construction: • Heavy Metals -from concrete additives, concrete washout, material delivery, storage and use, and hazardous substance/waste spills • pH (Acids and Bases) -from concrete washout, painting and cleaning, drilling and blasting operations, material delivery, storage and use, hazazdous waste spills, and sanitary/septic waste. • Paints and Solvents -from concrete washout and waste, painting, concrete polishing, cleaning products, material delivery and use, hazazdous waste spills, and sanitary/septic waste • Trash, Debris and Solids -from cleazing and grading, paving, concrete wash waste, construction painting and cleaning, demolition, drilling and blasting, material delivery storage and use, landscaping, and general construction • Petroleum Based Products -from material delivery storage and use, hazardous waste spills, vehicle and equipment use on site, and vehicle and equipment fueling and maintenance and storage • Pesticides/IIerbicides -from material delivery, stomge and use, hazardous waste spills, vehicle use, storage, service and maintenance • Fertilizers/Nutrients -from painting, cleaning products, dewatering, material delivery and storage, spills during landscaping operation, sanitary/septic waste ~• ~~ LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 22 or99 F~• 806 PROJECT INFORMATION: EXISTING CONDITIONS, RUNOFF COEFFICIENT, SOILS, AND RAINFALL INFORMATION Describe the existing conditions at the site including slope gradient and lengths of drainage patterns and directions of flow along with other topographic features. Include description of existing vegetative surface cover. Alt information must also be shown on the SITE MAPS. t ( • • 1. Total Site Acres: 16.52± Total Site Acres to be Disturbed: 0.87± Total Off-Site Acres Disturbed: 0.00 2. Existing Land Use (include description of existing structures, topography, vegetation and current drainage patterns and reference physical site survey showing same): An existing 135,2001 SF retail store with a 42,200E SF garden center occupies the project site. The site is fully developed with the majority of the site consisting of paved parking lot, buildings, landscape islands and stormwater management facilities. 3. Soils Information Erodibility Soi l Type(s) Description Factor (K Br Brookston silt clay loam 0.24 Mi ng2 Miami silt loam 2-6% slopes 0.43 Sx Sloan silty clay loam sandy substratum 0.24 Pavement Existing pavement 0.00 4. Estimated Native Background Vegetation Cover Density: 95% 5. The site is located in Hamilton County Annual Rainfall**= 37.11 in. Month(s) of highest rainfall: June, July Rainfall Erosivity (R): 150 6. Data Table 2 yr/24 hour storm rainfall = 3_0 inches Pre-Construction Post Construction Net Change Percent Impervious Surface*** 91.13% 90.97% -0.16% Weighted Runoff Coefficient*, *** 0.883 0.882 -0.001 2 yr/24 hr runoff volume in acre-feet *** 0.22 0.22 0.00 Peak discharge rate (cubic feet per 2,305 2.302 -0.003 second) *** * Calculation is to determine the change in relative percentage of runoff to rainfall between pre- developed and post-developed conditions using the Rational Method "C" as in Q=CIA runoff coefficient (empirical coefficient representing the relationship between rainfall rate and runoff rate) The TR-55 (USDA NRCS) Runoff Curve Number "CN" (as determined by soil group, ground cover, treatment, condition, antecedent condition, and other factors ma be used. ** Information usually available in county soils report and from National Climate Data Center at ht[ ://www.ncdc.noaa. ov/re ionalclimatecenters.html. ***Area included in anal sis is limited to the limit of disturbance 0.87 acres . LOWE'S OF CARMEL, WDIANA SECTION 800 REVISED: 2/12/09 Page 23 of 99 • 807 NAME OF RECEIVING WATERS The site will drain into the existing storm sewer system and into the existing stormwater management areas. The existing stormwater management areas eventually discharge into the Cool Creek which flows to the White River approximately 6.5 miles from the site. The Cool Creek is listed on the Indiana's 2008 303(d) List of Impaired Waters; last revised 3/27/09. The cause of impairment is identified as E. coli. There aze no TMDL's associated with the Cool Creek. The Watershed Hydrologic Unit Code for the Cool Creek is: 05120201090030 808 INDIAN COUNTRY LANDS Is the site located on Indian Land? ^ Yes ®No [f yes, provide name of Reservation and any special permit conditions required by the location, or if not part of a Reservation, indicate "not applicable": N/A 809 ENDANGERED AND THREATENED SPECIES Are there any species that area listed as endangered or threatened ("endangered species") under the Endangered Species Act (ESA) or under sepamte state endangered species act on or near ("neaz" is defined as within the same county or township) the project area? F ®Yes ^ No `~. If Yes, describe the endangered or threatened species: Indiana Bat (Myotis sodalist) Describe how this determination was made: USFWS website: http://www.fws.gov/midwest/Endangered/lists/indiana-cty.html Will discharges associated with the construction ofthe Project jeopardize the continued existence of any species that are federally listed as endangered or threatened under the Endangered Species Act or state listed under a separate state endangered species act? (See Note Below) ^ Yes ®No If yes, describe or refer to documentation that determines the likelihood of an impact on identified species and/or habitat and the steps taken to address that impact. (Note: if species aze on or near your project site, you must work closely with [he appropriate field office of the U.S. Fish and Wildlife Service or National Marine Fisheries Service. Reference a consultation number with the USFWS or NMFS if available) Correspondence has been received from USFWS to confirm that the endangered or threatened species will not be affected by the constmction activity and is included in Appendix B. 8]0 CRITICAL HABITAT Are there any habitats that aze listed as critical ("critical habitats") under the ESA or under a separate state ESA on or neaz ("near" is defined as within the same county or township) the project azea? ^ Yes ®No Describe the critical habitat: N/A Describe how this determination was made: ~• Correspondence has been received from USFWS to confirm that the endangered or threatened species will not be affected by the constmction activity and is included in Appendix C. Will discharges associated with the constmction of the Project result in the adverse modification or destruction of LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 24 of 99 ~• habitat that is federally listed as critical under the Endangered Species Act ("critical habitat") or state listed under a sepazate state endangered species act? (See Note Below) ^ Yes ®No If yes, describe or refer to documentation that determines the likelihood of an impact on identified species and/or habitat and the steps taken to address that impact (If species are on or near your project site, you must work closely with the appropriate field office of the U.S. Fish and Wildlife Service or National Marine Fisheries Service. Reference a consultation number with the USFWS or NMFS if available) Correspondence has been received from USFWS to confute that the endangered or threatened species will not be affected by the construction activity and is included in Appendix C. 811 HISTORIC STRUCTURES, ARCHEOLOGICAL AND CULTURAL RESOURCES Is the site located on or near sites with historical, archeological, or cultural significance? ^ Yes ®No Describe site with historical, archeological, or cultural significance: N!A Describe how this determination was made: Indiana Department of Natural Resources website: ~'//www in eov/dm/historic/2823.htm and via email correspondence with Historic Landmarks Foundation of Indiana. If yes indicate if Project will have a potential effect on a property that is listed, or is eligible for listing in the National Register of Historic Places. (Reference a consultation with the State Historical Preservation Office or equivalent -see note below) N/A • 812 WETLANDS AND/OR OTHER SURFACE WATERS Are Waters of the U.S. on the project area? 813 814 ^ Yes ®No If Yes Acres and/or Linear Feet: Are Wetland and/or Surface- Waters proposed to be impacted on the project area? ^ Yes ®No If Yes provide Acres and/or Lineaz Feet Describe Impact (see note below): N/A SITE FEATURES AND SENSITIVE AREAS TO BE PROTECTED There are no site features or sensitive areas in close proximity to the project area that are requved to be protected. EROSION AND SEDIMENT CONTROL BEST MANAGEMENT PRACTICES See plan references for installation instructions. All BMPs will be installed according to the installation instructions and Sequence of Construction Activities in Section 814.B and inspected by the Qualified Inspector via the procedures and at the inspection frequency set forth in Section 801.I. Any deficiency, required maintenance or ineffectiveness shall be reported by the Qualified Inspector on Inspection Form C-1. Corrective action will commence within 24 hours and be completed within 48 hours of report. Visit LowesLink website SWPPP Folder to view EPA Document "Developing your SWPPP-A Guide for Construction Sites". [Operator's Engineer is to indicate which BMPs will be used and/or edit this list to add actual BMPs used for this Project, with sufficient details for each measure. Engineer must provide plan reference LOWE'S OF CARME4INDIANA SEC170N 800 REVISED: 2/12/09 Page 25 of 99 €,~ for each BMP used. BMPs selected must be consistent with Lowe's Standard Details. Recommended reference: "National Menu of Best Management Practices for Storm Water Phase II" located on the internet at www epa eov/npdes/menuofbmps/menu.htm and/or the on-line database entitled "National S[ormwater Best Management Practices (BMP) Database" sponsored by the EPA and the American Society of Civil Engineers (ASCE) and available on the internet at www.bmpdatabase.ore. All BMPs must be noted on the Site Map(s)] Temporary Structural Temporary Stabilization Plan Sheet BMP Plan Sheet BMP Reference Reference ® Inlet Protection ES1,C4 ® Temporary Seeding ES1 ^ Outlet Protection ^ Temporary Mulching ^ Rolled Erosion Control ^ Perimeter Protection product (ItECP) ® Stabilized Construction ESl ^ Slope Tracking (Soil Entrance/Exit Rou ening) 30,000 square foot ^ Watering to Minimize Wind ^ La -down Area Erosion ^ Temporary Sediment Basin ^ Chemical Stabilization ^ Temporary Gravel and ^ Other Ri ra Sediment Tra ^ Temporary Rock Dam ^ Other Sediment Tra ^ Check Dam ^ Other ® Silt Dike ESI, C4 Permanent Stabilization Plan Sheet ^ Brush Bamer BMP Reference i ^ RECP (all slopes exceeding ^ ng Temporary Stream Cross 3:1 3 horizontal to 1 vertical) ^ Pipe Slope Drain ^ Permanent Seeding ® Permanent Planting ESI, C3 ^ Wind Fence (ve etative landsca ing) ^ Temporary Diversion ® Mulching ES1, C3 Channels ^ Temporary Diversion Berms ^ Vegetation Protection Materials Management ® Sod ES1, C3 Plan Sheet BMP Reference ® Concrete Washout Pit ESI, C4 ^ Small Equipment Secondary Containment ^ Other ^ Other LOWE'S OF CARDIE4 INDIANA SECr10N S00 REVISED: 2/12/09 Page 26 of 99 -:. ~, A. TEMPORARY SEDIMENT BASIN OR TRAP (SEDIMENT CONTROL BMP) A temporary (or permanent) sediment basin (or sediment basins) that provide(s) storage for a calculated volume of runoff from the Drainage Area from a two (2) year, 24-how storm, or equivalent sediment storage measure(s) must be provided until final stabilization of the site or stabilization of the areas of the site for which the sediment basin serves is achieved. Due to limited disturbed azea sediment control will be provided by inlet protection and silt dike BMPS provided on the plan B. SEQUENCE OF MAJOR CONSTRUCTION ACTIVITIES The General Contractor will be responsible for implementing the following Erosion and Sediment Control and Storm Water Management control measures. The General Contractor may designate these tasks to specifc Subcontractors as necessary, but the ultimate responsibility for implementing these contro]s and ensuring their proper functioning remains with the General Contractor. Any designation of specific Construction Activity to a specific Subcontractor shall be documented on Form C-3 in the SWPPP. The order of activities will be as follows (refer to the Erosion and Sediment Control Plan Sheet ESI contained in this SWPPP for details): PHASE ONE Description and Duration of Phase: a) Apre-construction meeting shall be held by the Lowe's Project Manager and the Operator's Engineer prior to land disturbing activities. b) Install perimeter protection measures in the locations shown on the SWPPP plan sheet. c) Install inlet protection at the locations of all grate inlets and curb inlets shown on the SWPPP plan sheet. d) Inspection by Lowe's Construction Manager, Engineering Manager or Design Engineer upon contractor's notification. PHASE TWO Description and Duration of Phase: a) BMP inspections, maintenance, record keeping and site posting shall continue until Final Stabilization. b) Commence site demolition. c) Implement temporary or permanent stabilization for all areas of the site where grading activity has ceased for more than 14 days. d) Construct all curb and gutter, and modifications to existing storm drainage frames, as shown on the plans. Inlet protection may be removed temporarily for this construction. Replace any removed inlet protection at the end of each day. e) Complete final grading and seeding, planting and mulching stabilization. f) Inspect and clean storm drainage system. • g) Remove perimeter protection measures (sediment fencing) only after all paving is complete and all exposed surfaces are stabilized. LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 27 of 99 h) Remove inlet protections upon completion of pavement construction. A schedule for implementation for the activities identified above along with the responsible Contractor/Subcontractor is included as Form C-3 of the SWPPP. 815 PERMANENT STORMWATER BEST MANAGEMENT PRACTICES ~~ A. STORMWATER MANAGEMENT The following post-construction Storm Water Management measures have been installed during previous construction process to control pollutants in storm water discharges after construction operations have been completed. These measures aze to remain in place and operational through the duration of [his project. No changes are proposed to these existing measures. Permanent Structural BMP Plan Sheet Reference BMP Plan Sheet Reference ^ Outlet Protection ^ Stormwater Channel ® Storm Drainage System Note 1 ^ Retaining Wall ® Curb and Gutter Note 1 ^ Gradient Terrace ® Stormwater Detention Pond Note I ® Stormwater Retention Pond Note 1 ^ Stormwater Infiltration ^ Stormwater Filtration ^ Bio Swale ^ Bio Retention Basin Note l :The stormwater management facifities for this sue are extsnng ana not snowD uu u,c proposed site plans. B. VELOCITY DISSIPATION The following Velocity dissipation devices will be placed at discharge locations along the length of any outfall channel to provide anon-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected (e.g. no significant changes in the hydrological regime of the receiving water). C. POST CONSTRUCTION OPERATION AND MAINTENANCE PLAN An Operations and Maintenance Plan is not included because there are no proposed modifications to the existing post construction BMP's and there are no additional post construction BMP's proposed. 816 SITE MAP (PROGRESS DRAWING) A SITE MAP (Progress Drawing) usually consisting of a print of the Phase I and Phase [[ Erosion and Sediment Control Plans (See Definition in Section 822) will be used to record the locations of the ]ob Trailer, Sanitary Waste Facilities, Solid Waste Facilities, Fixed Fuel Storage Areas, Equipment Service Areas, Material Storage Areas, Petroleum Fueled Equipment, and Concrete Washout. The SITE MAP will also be used to record conshvc[ion progress and current site conditions; which BMP's are currently in use and which are no longer in use. The SITE MAP will ~• be updated daily to record where site stabilization has occurred. The SITE MAP will be updated to record and document any plan amendments or modifications and will be used to visually depict all LOWE'S OF CARMEL, INDIANA SECr10N 800 REVISED: 2/12/09 Page 28 of 99 ~~ modifications identified on Form D-1 Modification Report. The SITE MAP (Progress Drawing) shall be posted inside the job trai]er wall. The SITE MAP posted shall agree with the current phase of the work. 817 OTHER CONTROLS A. Off-Site Vehicle Tracking A stabilized construction entrance/exit will be provided at each entrance used for construction access to help reduce vehicle tracking of sediments and the generation of dust. The paved streets adjacent to the site entrance will be inspected daily and swept as necessary to remove any excess mud, dirt, or rock tracked from the site. Dump trucks hauling material from the construction site will be covered with a tarpaulin. The job Contractor's Superintendent will be responsible for seeing that these procedures are followed. B. Excavation Spoil Materials Excavation spoil materials aze generated during the excavation of the facility's footings. These materials must be properly managed to prevent them from contributing to storm water discharges. The materials generated from the development of this Project will be managed by being hauled off-site. The contractor is responsible for providing a copy of the receiving site's permit to be included in this S WPPP if spoil materials are transported off site. C. Dust Control Minimizing wind erosion and controlling dust will be accomplished by one or more of the following methods: Covering 30% or more of the soil surface with anon-erodible material. Roughening the soil to produce ridges perpendicular to the prevailing wind. Ridges should be about six (6) inches in height. Frequent watering of excavation and fill areas. Providing gravel or paving at entrance/exit drives, parking areas and transit paths. D_ Equipment Service Area The Contractor shall identify an area on the Site Map for equipment cleaning, maintenance and repair.. This area shall be protected by a temporary perimeter berm preventing all surface runoff from leaving the area, or equivalent measure, and shall be located no closer than 100' from any Waters of the United States or state, and shall be located no closer than 50' from any storm inlet. External washing of trucks and other construction vehicles must be confined to this area. No engine degreasing or asphalt equipment or tool washing is permitted. E. Material Stockpiles Stormwater runoff to and from material stockpiles shall be controlled to prevent materials from creating a Diversion of surface water to disturbed soils or from entering the surface water. Topsoil stockpiles shall be surrounded with perimeter sediment control measures, such as silt fence (silt dike in pavement areas) and be covered with non-erosive material as soon as practicable but no longer than 14 days after completion of the pile. Non-erosive material may include temporary seeding with straw mulch and tackifier, Mulch, or other material providing suitable cover. Topsoil 66 stockpile heights shall not exceed 35 feet and side slopes shall not exceed 3:1. P~ F. Masonry Mixing Area LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 29 of 99 y Non-stormwater dischazges into storm drainage systems or waterways containing slurries from concrete or mortar mixing operations shall not be permitted. Masonry mixing areas shall be located a minimum distance of 100 linear feet from drainage ways, inlets and surface waters and all storm water runoff from these areas shall be contained by a berm or other measures. Run-on water to these areas will be diverted to prevent mixing of clean water and water contaminated with concrete slurry. 818 COMPLIANCE WITH OTHER STATE AND LOCAL REGULATIONS At a minimum the Contractor will obtain copies of any and all local and state regulations which are applicable to Storm Water Management, Erosion and Sediment Control, and pollution minimization at this Project and will comply fully with such regulations. The Contractor will submit written evidence of such compliance if requested by the Operator or any agent of a regulatory body. The Contractor will comply with all conditions of the Carmel City Code, Indiana Department of Endvonmental Management and the U.S. Environmental Protection Agency Construction General Permit including Part 9, which lists permit conditions applicable to specific states and Indian country, including the conditions related to maintaining the SWPPP and evidence of compliance with the SWPPP at the Project and allowing regulatory personnel access to the Project and to records in order to determine compliance. The Contractor shall also comply with any additional or more stringent requirements imposed by the permit issued by an approved state storm water program, or with permits issued, or requirements imposed by, an. MS4 to which the Project discharges storm water. Requirements with which the Contractor must comply include installation of post- construction measures required by the state or the MS4. 819 MATERLALS MANAGEMENT PLAN A. MATERIALS COVERED • The following materials or substances are expected to be present onsite during construction: Concrete/Additives/Wastes Cleaning solvents Detergents Petroleum based products Paints/Solvents Pesticides Acids Fertilizers Solid and construction wastes Sanitary wastes Soil stabilization additives B. MATERIALS MANAGEMENT PRACTICES The following are the material management pmctices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to stormwater runoff All exterior materials storage areas shall be inspected at the frequency listed in Section SOLI. The Contractor's Superintendent will be responsible for ensuring that these procedures are followed: 1. Good Housekeeping The following good housekeeping practices will be followed onsite during construction: a) An effort will be made to store only enough products required to do the job. b) All materials stored onsite will be stored in a neat, orderly manner and, if possible, under a roof or in a containment area. The Contractor will be responsible for showing the location of all materials storage areas on the Site Map. At a minimum, all containers will be stored with their lids on when not in use. Drip pans shall be provided under all dispensers. c) Products will be kept in their original containers with the original manufacturer's label in legible condition. LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 30 of 99 . d) Substauces will not be mixed with one another unless recommended by the manufacturer. e) Whenever possible, all of a product will be used up before disposing of the container. f) Manufacturer's recommendations for proper use and disposal will be followed. g) The Contractor's Superintendent will be responsible for daily inspections to ensure proper use and disposal of materials. 2. Hazardous Substances These practices will be used to reduce the risks associated with Hazardous Substances. Material Safety Data Sheets (MSDSs) for each product with hazardous properties that is used at the Project will be obtained and used for the proper management of potential wastes that may result from these products. An MSDS will be posted in the immediate area where such product is stored and/or used and another copy of each MSDS will be maintained in the job trailer at the Project. Each employee who must handle a Hazardous Substance will be instructed on the use of MSDS sheets and the specific information in the applicable MSDS for the product he/she is using, particularly regazding spill control techniques. a) Products will be kept in original containers with the original labels in legible condition. b) Original labels and MSDSs will be procured and used for each product. c) If surplus product must be disposed manufacturer's and ]ocal/state/federal required methods for proper disposal must be followed. 3. Hazardous Waste It is imperative that all Hazardous Waste be properly identified and handled in accordance with all applicable Hazardous Waste Standards, including the storage, transport and disposal of the Hazardous Wastes. The General Contractor's Superintendent is responsible for properly identifying and handling or seeking assistance in properly identifying or handling any Hazardous Waste. There are significant penalties for the improper handling of Hazardous Wastes. Hazardous Waste may include certain Hazardous Substances, as well as pesticides, paints, paint solvents, cleaning solvents, pesticides, contaminated soils, and other materials, substances or chemicals that have been discarded (or are to be discarded) as being out-of--date, contaminated, or otherwise unusable, and can include the containers for those substances; other materials and substances can also be or become Hazardous Wastes.. The Contractor's Superintendent is also responsible for ensuring that all site personnel are instructed as to these Hazardous Waste requirements and also that the requirements are being followed. 4. Product Specific Practices The following product specific practices will be followed on the job site: a) Petroleum Products The following practices shall be followed in relation to petroleum products: 1. Inspections: All petroleum tanks and fueling azeas shall be inspected at the inspection frequency listed in Section 801.I. All onsite vehicles shall ~~ also be monitored for leaks at the inspection frequency listed in Section 801I and receive regular preventative maintenance to reduce the chance of leakage or spills. LOWE'8 OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 31 of 99 ~• 2. Secondary Containment: Petroleum products will be stored in tightly sealed containers which are clearly labeled and provided with secondary containment. a. Any petroleum storage tanks stored onsite will be located within a containment area that is designed with an impervious surface between the tank and Bound. Containment shall be sufficiently impervious to contain oil. Impervious surface shall be defined as a surface containing any spill for a minimum of 48 hours without penetration to any environmental media (soil, groundwater, etc...). All containment systems must be capable of containing oil and must be constructed so that any discharge from a primary containment system, such as a tank or pipe, will not escape the system before cleanup occurs. b. The secondary containment must be designed to provide a volume of 110% of the volume of the lazgest tank. c. Any mobile petroleum tank shall be parked in a vehicular service area surrounded by a , with an impervious surface between the tank(s) and ground that provides a containment volume equal to 110% of the lazgest tank. d.Accumulated rainwater in any secondary containment areas or other azeas where petroleum is stored should be collected, inspected and/or tested so that it can be chazacterized properly and the rainwater can be properly and economically disposed or released on-site. Rainwater contaminated with fuel or spills from contaminated containment areas aze to be promptly disposed of by a licensed hazardous waste transporter. e. Drip pans shall be provided for all dispensers. Any asphalt substances i • used onsite will be applied according to the manufacturer's recommendations. Asphalt paving machines shall not be cleaned on the Project site. f. Secondary containment will not be required for oil-filled operational equipment if the Contractor inspects monitors and completes Form G-2 and G-3. g. Spill diversion ponds and retention ponds will not be used for spill or secondary containment. 3: Location: Petroleum storage tanks shall be located at minimum 100 linear feet from drainage ways, inlets and surface waters to prevent surface drainage from reaching culverts, gutters, surface waters or other drainage systems. 4. SITE MAP: All fixed petroleum storage tanks shall be located on the SITE MAP. 5. Spill Prevention and Response per Section 819.C of this SWPPP. 6. Spill Kit: A petroleum spill kit shall be included on the site. The spill kit shall include: Personal Safety Weaz (Apron (2), Shoe Booties (2), Chemical Goggles (2), Solvent Resistant Gloves (2)), Absorbents (Durasorb 40 lbs., 10' Booms (3), Static Resistant Pads (12 each), Sump Booms (2 each)), Clean Up Equipment (55 Gallon Steel Drum, Drum Liner, Broom, Solvent Resistant, Shovel, Non-Spazk and Solvent Resistant, Residue Bags (50 each)). The Spill Kit shall be located in the construction trailer and shall be accessible at all times by trained personnel. The Spill Kit provides an active countermeasure that will be quickly and immediately deployed after discovery of a small volume spill or any discharge of petroleum. 7. If the maximum total aggregate above ground storage capacity (for the . total permit area) exceeds 1,320 gallons (which includes both bulk and equipment. operational storage volumes in fuel tanks 55 gallons and greater), then a Spill Prevention Control and Countermeasures Plan LOWE'S OF CARMEL, INDIANA SECPION 800 aEVISED: vuro9 Page 32 of 99 ~• ("SPCC") Plan must be prepared and implemented. However if total aggregate above ground storage capacity (for the total permit area) is equal to or less than 10,000 gallons, the General Contractor may prepare a selfcertified SPCC Plan by completing Forms G-Z (`Self Certification Statement') and Form G-3 (`Facility Description and Potential Tank, Equipment and Operational Equipment Failure Resulting in Spills'), each of which are included within this SWPPP, so long as the site meets certain requirements (discussed on Form G-2) for its reportable discharge history. Forms G-2 and G-3 must be appropriately completed prior to November 20, 2009. If the site does not meet the requirements for reportable discharge as discussed in Form G-2, a SPCC Plan must be prepared separate from this SWPPP and certified by a Professional Engineer. 8. Petroleum Fueled Equipment (stationary non-self-propelled): Petroleum fueled equipment such as pumps and generators are to be provided with secondary containment for the entire footprint of the equipment sufficient to contain 110% of the volume of the largest tank serving the equipment. This requirement is for all stationary non-self-propelled equipment including hand-held equipment when not in use. b) Fertilizers Fertilizers will be applied only in the minimum amounts recommended by the manufacturer. Once applied, fertilizer will be worked in the soil to limit exposure to storm water. Storage will be in a covered shed. The contents of any partially used bags of fertilizer will be transferred to a sea]able plastic bin to avoid spills. c) Paints, Paint Solvents, and Cleaning Solvents All containers will be tightly sealed and stored when not m use. Excess paint and solvents will not be discharged to the storm sewer system but will be properly disposed of according to manufacturer's instructions or state and federal regulations. d) Concrete Wastes The Project may require the use of multiple concrete wash out areas. These concrete wash out areas are to be made available to all trades and subcontractors working on the Project. The Contractor may designate certain wash out areas for particular trades or subcontractors, but the Contractor is responsible for the management of all concrete washout areas on the Project. All concrete wash out areas will be located in an area where the likelihood of the area contributing to storm water discharges is negligible. If required, additional BMPs must be implemented to prevent concrete wastes from contributing to storm water discharges. The location of concrete wash out area(s) must be identified on the SITE MAP by the Contractor once the locations have been determined. In addition, a standard detail on the construction of the concrete wash out is included on Erosion and Sediment Control Details, C4. Concrete trucks will be allowed to wash out or discharge surplus concrete or drum wash water on the site, but only in specifically designated diked and impervious washouts which have been prepared to prevent contact between the ~, concrete wash and storm water. Waste generated from concrete wash water shall not be allowed to be discharged into drainage ways, inlets, receiving waters or highway right of ways, or any location other than the designated concrete LOWE'S OF CARhIEL, INDIANA SECTION 800 REVISED: Lli/09 Page 33 of 99 • washout. Proper signage designating the "Concrete Washout" shall be placed ar 100 li i i ne mum n neaz the facility. Concrete Washouts shall be located at m feet from drainage ways, inlets and surface waters. Waste concrete may be poured into forms to make riprap or other useful concrete products. The hardened residue from the concrete wash out diked areas will be disposed of in the same manner as other non-harvrdous construction waste materials or may be broken up and used on site as deemed appropriate by the Contractor. Maintenance of the washout is to include removal of hardened concrete. Facility shall have sufficient volume to contain all the concrete waste resulting from washout and a minimum freeboard of 12 inches. Facility shall not be filled beyond 95% capacity and shall be cleaned out once 75% full unless a new facility is constructed. The Contractor's Superintendent will be responsible for seeing that these procedures are followed. Saw-cut Portland Cement Concrete (PCC) slurry shall not be allowed to enter storm drains or Watercourses. Saw-cut residue should not be left on the surface of pavement or be allowed to flow over and off pavement. Residue from saw- cutting and grinding shall be collected by vacuum and disposed of in the concrete washout facility. 5. Solid and Construction Wastes All waste materials will be collected and stored in an appropriately covered container and/or securely contained metal dumpster rented from a local waste management company which must be a licensed solid waste management company. The dumpster will comply with all local and state solid waste management regulations. • All trash and construction debris from the site will be deposited in the dumpster. The dumpster will be emptied a minimum of once per week or more often if necessary. Once building construction has commenced, the dumpster will be emptied a minimum of once per week or when 95% full, or more often if necessary to prevent over-flow and the trash will be hauled to a landfill. No construction waste materials will be buried on site. All personnel will be instructed by the Qualified Inspector regarding the correct procedures for waste disposal. All waste dumpsters and roll-off containers will be located in an area where the likelihood of the containers contributing to storm water discharges is negligible. Solid. waste containers shall be located no less than 50 feet from any storm inlet, drainage way, or surface water. If required, additional BMPs must be implemented, such as gravel bags, wattles, Dikes, berms, and fences azound the base, to prevent wastes from contributing to storm water discharges. The location of waste dumpsters and roll-off containers must be identified on the SITE MAP by the Contractor once the locations have been determined. 6. Sanitary Wastes A minimum of one portable sanitary unit will be provided for every ten (10) workers on the site. All sanitary waste will be collected from the portable units a minimum of one time per week by a licensed portable facility provider in complete compliance with local and state regulations. All sanitary waste units will be located in an azea where the likelihood of the unit contributing to storm water discharges is negligible. Additional containment BMPs must be implemented, such as gravel bags or specially designed plastic skid containers ~~ around the base, to prevent wastes from contributing to storm water dischazges. The LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 34 of 99 ~• location of sanitary waste units must be identified on the PROGRESS DRAWING by the contractor once the locations have been determined 7. Contaminated Soils Any contaminated soils (resulting from spills of Hazardous Substances or Oil or discovered during the cowse of construction) which may result from Construction Activities will be contained and cleaned up immediately in accordance with the SWPPP and in accordance with applicable state and federal regulations. Contaminated soils not resulting from Construction Activities, or which pre-existed Construction Activities, but which aze discovered by virtue of Construction Activities, should be reported in the same manner as spills (see Section 819.C below), but with sufficient information to indicate that the discovery of an existing condition is being reported. If there is a release that occws by virtue of the discovery of existing contamination, this should be reported as a spill, if it otherwise meets the requirements for a reportable spill. C. SPILL PREVENTION AND RESPONSE PROCEDURES The Contractor will train all personnel in the proper handling and cleanup of spilled Hazardous Substances or Oil. No spilled Hazazdous Substances or Oil will be allowed to come in contact with storm water discharges. If such contact occws, the storm water discharge will be contained on site by measwes such as, but not limited to absorbents, booms, static resistant pads, sump booms and other clean up equipment (see Spill Kit contents) until appropriate measwes in compliance with state and federal regulations aze taken to dispose of such contaminated storm water. It shall be the responsibility of the Contractor's Superintendent to be properly trained, and ~• to train all personnel in spill prevention and clean up procedwes. 1. In order to prevent or minimize the potential for a spill of Hazardous Substances or Oil to come into contact with storm water, the following steps will be implemented: a) All Hazardous Substances or Oil (such as pesticides, petroleum products, fertilizers, detergents, construction chemicals, acids, paints, paint solvents, cleaning solvents, additives for soil stabilization, concrete curing compounds and additives, etc.) will be stored in a secwe location, with their lids on, preferably under cover, when not in use. b) The minimum practical quantity of all such materials will be kept at the Project. c) A spill control and containment kit (see Section 819(4) (a) (8) for, contents) will be - provided at the storage site. d) Manufactwer's recommended methods for spill cleanup will be clearly posted inside the job trailer wall and site personnel will be trained regarding these procedwes and the location of the information and cleanup supplies. e) 1[ is the Contractor's responsibility to enswe that all Hazardous Waste discovered or generated at the Project site is disposed of properly by a licensed hazadous material disposal company. The Contractor is responsible for not exceeding Hazardous Waste storage requirements mandated by the EPA or state and local authority. f) The General Contractor must be prepared to provide to InfoTrack (a service contracted by Lowe's to aid in spill reporting and described in 819.C.29b) below) the exact location ,address and phone number of the Project site, date and time of the dischazge, type of material, estimate of the quantity, source of the dischazge, description of all affected media, cause of discharge, any damages or injuries, actions being used to stop, remove, and mitigate the effects of the dischazge, whether an evacuation might be needed and the names of individuals and/or organizations that have been contacted in addition to Info Track. LOWE'S OF CARMEI., INDIANA SECTION 800 REVISED: 2/12/09 Page 35 of 99 ,=-3 • 2. In the event of a spilt of Hazardous Substances or Oil, the following procedures must be followed: a) All measures must be taken to contain and abate the spill and to prevent the discharge of the Hazardous Substance or Oil to storm water or off-site. (The spill area must be kept well ventilated and personnel must wear appropriate protective clothing to prevent injury from contact with the Hazardous Substances.) b) Contact Info Track'at 1-888-429-6281 (1-888-HAZMAT 1) to determine whether the spill is reportable. Info Track has been contracted by Lowe's to provide this service to Lowe's facilities, including new construction. You must state that you are working on a Lowe's new construction site. c) It the spill is determined to be reportable Info Track wil! notify the EPA immediately. Because of the difficulty in determining reportable quantities, Lowe's contracts for the expertise and support of Info Track. All spills of Hazardous Substances or Oil must be discussed with Info Track in order to determine if a reportab-e quantity has been released. d) Contact the Lowe's Project Manager or the Operator's Engineer immediately after discussing the spill with Info Track. e) It the release is equal to or in excess of a reportable quantity, the SWPPP must be modified within seven (7) calendar days of knowledge of the discharge to provide a description of the release, the circumstances leading to ~• the release, and the date of the release. The SWPPP must identify measures to prevent the recurrence of such releases and to respond to such releases. Form G-1 must be completed in accordance with this requirement. t) If the release is determined to not be reportable (less than a reportable quantity) it shalt be noted on an inspection report (Form C-1) as an unsatisfactory item and the corrective action item shall be noted and dated as implemented. 3. The Contractor's Superintendent will be the spill prevention and response coordinator. He will designate the individuals who will receive spill prevention and response training. These individuals will each become responsible for a particulaz phase of prevention and response. The names of these personnel will be posted in the material _ storage azea and in the office trailer onsite. 820 CONTROL OF NON-STORM WATER DISCHARGES Only specifically authorized non-stormwater dischazges aze allowed and all allowed non-stormwater discharges shall be eliminated or reduced to the extent practicable. The following non-stormwater dischazges aze allowable under the U.S. Environmental Protection Agency Constmction General Permit, and aze expected to be associated with the project: Dischazge from fne fighting activities; Fire hydrant flushing; Waters used to control dust; Potable water including uncontaminated water line flushing; Routine external building wash down that does not use detergents; Pavemen£wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents aze not used; LOWE'8 OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 36 of 99 Uncontaminated ground water or spring water; Foundation or footing drains where flows aze not contaminated with process materials such as - solvents; Uncontaminated excavation dewatering; Landscape Irrigation. Appropriate BMPs shall be used to minimize the discharge of pollutants. Such control measures (some of which have been mentioned previously in this SWPPP) will be strictly followed to ensure any impacts from non-stonnwater discharges are reduced or eliminated. Appropriate BMPs are: Discharge from fire fighting activities Fire hydrant flushing Concentmted flow is to be directed towazd protected areas such as sediment basins and landscaped aeeas to minimize potential erosion and to allow chlorine in water to dissipate. Provide suitable sediment control measures such as wattles or sediment fence where flows will be directed to denuded aeeas. Provide storm inlet protection to protect against sediment or chlorine discharge. Super-chlorinated wastewaters (water containing chlorine above residual levels acceptable in drinking water systems) is to be retained on-site until the chlorine dissipates or shall be de- chlorinated or if acceptable to the local sanitary sewer authority discharged to the sanitary sewer. Suitable BMPs to treat chlorine include de-chlorination mats and bags at inlets, treatment with ascorbic acid for low levels of chlorine <2mg/L, and treatment with sodium ascorbate for high levels of chlorine up to 100 mg/L. Manufacturer's recommendations should be followed closely to prevent over-treatment or chemical reaction. Waters used to control dust Water used to control dust will be limited to the quantity needed to suppress dust without producing runoff. Any runoff produced in addition with the volume necessary to wet disturbed soil will be directed to suitable sediment control measures such as sediment fence, sediment basins and traps, wattles and inlet protection measures. Chlorinated water shall not be allowed to leave the site unless suitable BMPs are implemented to reduce the amount of chlorine entering the storm drain system. Potable water including uncontaminated water line flushing Concentrated flow is to be directed toward protected areas such as sediment basins and landscaped areas to minimize potential erosion and to allow chlorine in water to dissipate. Provide suitable sediment control measures such as wattles or sediment fence-where flows will be dlrected to denuded areas. Provide storm inlet protection to protect against sediment or chlorine discharge. Super-chlorinated wastewaters (water containing chlorine above residual levels acceptable in drinking water systems) is to be retained on-site until the chlorine dissipates or shall be de- chlorinated or if acceptable to the local sanitary sewer authority discharged to the sanitary sewer. Suitable BMPs to treat chlorine include de-chlorination mats and bags at inlets, treatment with ascorbic acid for low levels of chlorine <2mg/L, and treatment with sodium ascorbate for high levels of chlorine up to 100 mg/L. Manufacturer's recommendations should be followed closely to prevent over-treatment or chemical reaction. Routine external building wash down that does not use detergents Minimize volume of water used and direct small volume dischazges to adjacent landscape areas where applicable. If discharge exceeds infiltrative capacity of landscape areas, ensure all downstream inlets are fitted with de-chlorination mats or bags. I,OWE'S OF CARMEL, INmANA SECTION 800 REVISED: 2/12109 Page 37 of 99 Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used Entire azea to be washed shall be swept prior to washing. Only minimum amounts of water are to be used and any discharges are to be duetted to landscape areas where applicable. If discharge exceeds infiltrative capacity of landscape areas, insure all downstream inlets are fitted with de- chlorinationmats or bags and inlet protection for sediment control. Uncontaminated ground water or spring water If possible direct uncontaminated ground water or spring water to stabilized points of discharge. If discharged to disturbed area, assure measures to control erosive velocities and sediment control measures are implemented. Velocity control measures include rip rap aprons and other conveyance measures. Sediment control measures might include stone check dams, sediment traps and basins. Foundation or footing drains where flows are not contaminated with process materials such as solvents If possible direct foundation or footing drain flows to stabilized points of discharge. If discharged to disturbed area, assure measures to control erosive velocities and sediment control measures are implemented. Velocity control measures include rip rap aprons and other conveyance measures. Sediment control measures might include stone check dams, sediment naps and basins. Uncontaminated excavation dewatering If possible dnect uncontaminated excavation dewatering to stabilized points of discharge. If ~: discharged to disturbed area, assure measures to control erosive velocities and sediment connol measures are implemented. Velocity control measures include rip rap aprons and other conveyance measures. Sediment control measures might include stone check dams, sediment traps and basins. Management of water from dewatering or basin draining must be discharged in a manner that does not cause nuisance conditions, including erosion in receiving channels or on surrounding properties. Landscape Irrigation Volume of water used for irrigation prior to establishment of vegetation shall be controlled to prevent excess runoff and erosion. Temporary sediment control measures shall remain in place until all upstream disturbed areas are stabilized. Sediment loss will be controlled through the use of sediment connol measures such as wattles, sediment fence, and vegetative buffers. 821 DEDICATED CONCRETE BATCH PLANT This SWPPP describes and identifies the location and description of any storm water discharge or non- storm water discharge associated with industrial activity other than construction at the site. This includes storm water discharges and potential non-storm water dischazges associated with dedicated concrete plants that are covered by the Construction General Permit. This Project will not include a dedicated concrete batch plant. 822 DEFINITIONS Best Management Practice (BMP). Any program, technology, process, practice, operating method, measure or device which controls, prevents, removes, or reduces pollution including measures implemented ~. to protect water quality and reduce the potential for pollution associated with storm water runoff. LO WE'S OF CARMEL, INDIANA SECTION 5011 REVISED: 2/12/09 Page 38 or 99 Check Dam. A small dam generally placed in steep ditches for the purpose of reducing Velocity in the Ditch. Clean Water Act (CWA). The Federal Water Pollution Prevention Control Act enacted in 1972 by Public Law 92-500 and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the dischazge of pollutants to Waters of the United States unless said discharge is in accordance with an NPDES permit. The 1987 amendments include guidelines for regulating municipal, industrial, and construction storm water discharges under the NPDES program. Construction Activity. Includes clearing, grading, or excavation and contractor activities that result in soil disturbance. Construction General Permit. A permit issued by EPA or an authorized state .under the NPDES stormwater regulations to cover the dischazge from the construction site of stormwater associated with Construction Activity. In order to be covered by a General Permit, the Operator must file a Notice of Intent (NOI). For coverage under a Construction General Permit, where either the EPA or a state is the NPDES authority, the Project is validly covered by the Construction General Permit upon filing of the NOI provided EPA or the state agency does not request the Operator to apply for an individual permit. Some states (e.g., North Carolina), may require that the applicant fast receive a plan approval or certificate of coverage which confirms coverage for the Project under the Construction General Permit. In some states (e.g., Georgia), general permits are issued as regulations and are applicable to projects in accordance with the terms of the regulation. Contractor. Shall be that person or entity identified as such in the construction contract with the Operator. The term "Contractor" shall also include the Contractor's authorized representative, as well as any and all subcontractors retained by the Contractor. Contractor's Project Manager. The Contractor's employee or authorized representative identified by the Contractor as the project manager for the Project. In some instances, this individual may also serve as the Contractor's Superintendent. Contractor's Superintendent. The Contractor's employee who has oversight and management of the construction process at the Project. Detention. The process of temporarily collecting and holding back storm water for later release to receiving waters. Detention Storage. Surface water moving over the land is in Detention Storage. Surface water allowed to temporarily accumulate in ponds, basins, reservoirs or other types of holding facility and that is ultimately returned to a Watercourse or other drainage system as runoff is in Detention Storage. Dike. (1) Usually an earthen bank alongside and parallel with a river or open channel [o restrict overflow (See Levee). (2) An asphalt concrete berm along the edge of a shoulder. Dissipate. Expend or scatter harmlessly, for example reducing the energy of moving water to anon-harmful flow rate. Disturbed Areas. Areas that have been purposefully cleared, grubbed, excavated, or graded by the Contractor, ground surface that has been disrupted by Construction Activities, including construction access/roads, staging, and storage sites producing significant areas of exposed soil and soil piles. Ditch. Small man-made channel, usually unlined • Diversion. (1) The change in character, location, direction, or quantity of flow of a natural drainage course (a deflection of flood water is not a Diversion). (2) Draft of water from one channel to another. (3) Interception of runoff by works that discharge it through man-made channels. LOWE'S OF CAItME1, INDIANA SECTION B00 REVISED: 2/12/09 Page 39 of 99 ~. Drainage Area (Drainage Basin). An azea of the earth's surface upon which falling precipitation flows to a given point Energy Dissipator. A structure for the purpose of slowing the flow of water and reducing the erosive forces present in any rapidly flowing body of water. Environmental Protection Agency (EPA). Federal agency that issued the regulations to control pollutants th storm water runoff discharges (The Clean Water Act and NPDES permit requirements). Erosion and Sediment Cantro[ P/an. A plan designed to control erosion by providing BMPs that protect the soil surface and prevent soil particles from being detached by wind or water, manages runoff by diverting sediment laden water to sediment control BMPs, provides sediment control BMPs that trap soil particles after they have been detached and transported by wind or water and prevents those particles from being discharged from the site, and manages potential pollutants found in construction materials from being discharged from the site via storm water discharges. Erosion Control Any practice that protects the soil surface and prevents the soil particles from becoming detached by rainfall or wind. This includes vegetation, such as grosses, and other materials, such as straw, fiber, stabilizing emulsion, protective blankets, etc., placed to stabilize areas disturbed by grading and operations intended to reduce loss of soil due to the action of water or wind, and prevent water pollution. Filter Fabric (RSPjabric). An engineering fabric (geotextile) placed between the backfill and supporting or underlying soil through which water will pass and soil particles will be retained. Hazardous Substances. For purposes of Section 311 of the CWA, the EPA identifies Hazardous • Substances by specific listings in the federal implementing regulations (currently found at 40 C.F.R. par[ 116). There are approximately 300 chemicals currently identified as Hazardous Substances by the EPA. Hazardous Waste. Wastes (which includes materials, products, and substances that have been discarded or disposed of) which are classified as Hazardous Wastes by the EPA or the appropriate state environmental agency, typically by being listed as a Hazardous Waste, or being shown to be hazardous by characteristic, pursuant to the Hazardous Waste Standards. Hazardous Waste Standards. The federal Resource Conservation and Recovery Act, as amended (RCRA), which is codified as a part of the federal Solid Waste Disposal Act, 42 U.S.C. 6901 et seq., and rules promulgated by EPA pursuant to RCRA, and similar and comparable laws, rules and other standazds regulating Hazardous Wastes and promulgated by state, regional, and local environmental authorities having jurisdiction over Hazardous Wastes. - Lowe's Project Manager. The Lowe's employee or authorized representative identified by Lowe's as the project manager for the Project. Mulch. A natural or artificial layer of plant residue or other material that covers the land surface and conserves moisture, holds soil in place, aids in establishing vegetation, and reduces temperature fluctuations. MS4 or Municipal Separate Storm Sewer System. Any conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, Ditches, manmade channels, or storm drains) that (i) is owned and operated by a state or local government entity (ii) is designed or used for collecting or conveying storm water (iii) is not used as a combined sewer (i.e., a system that combines municipal sewage with storm water runoff) and (iv) is not part of a publicly owned treatment works. • National Pollutant Discharge E[iminatiott System (NPDES). EPA's program to control the discharge of pollutants to waters of United States. NPDES is a part of the federal CWA, which requires point and non- point source dischazges to obtain permits. These permits are referred to as NPDES permits. LOWE'S OF CARMEL, INDL4NA SECTION 800 REVISED: 2/12/09 Page 40 of 99 • Notice of Intent (NOIJ. A formal notice to the EPA or a state agency having delegated NPDES authority that a construction project seeking coverage under a Construction General Permit is about to begin. The NOI provides information on the owner, location, and type of project, and certifies that the permittee will comply with conditions of the Construction General Permit. Unlike a permit application, the NOI is a notice provided to the regulatory agency within a specified time prior to initiation of Construction Activity and no approval is required. Some local permits may require submittal of a Notice of Registration or Authorization (NOR, NOA) or a plan approval application in lieu of filing a NOI with the state or EPA. Notice of Termination (NOT). A formal notice to the EPA or authorized state agency for General Permit site terminating coverage under the permit. Off-Site Drainage. Flow of water that originates outside the property On-Site Drainage. Flow of water that originates inside the property. OiL For purposes of Section 311 of the CWA, the EPA defines Oil to include not only petroleum-based products (such as fuel oil, gasoline, motor oil, oil refuse, and sludge) but also mineral and vegetable oils. Operator. Shall be any party (or parties) that have either (a) operational control over construction plans and specifications, including the ability to make modification to those plans and specifications or (b) day-to-day operational control of those activities at a Project which aze necessary to ensure compliance with the SWPPP for the site or other permit conditions. There may be occasions during the course of a Project th which there are multiple Operators, all of which will need to file and maintain the appropriate SWPPP documents and plans, including without limitation, the NOI and NOT. Operator's Engineer. Shall be that person or entity retained by an Operator to design and oversee the . implementation of the SWPPP. Operator's Project Manager. This project manager designation is intended to be a generic term that describes the role of (i) the Lowe's Project Manager, (ii) the Contractor's Project Manager, and/or (iii) any developer's project manager(s), as the context requires. Where a provision refers to an "Operator's Project Manager", the intent is to make the provision applicable to the project managers for all Operators associated with the Project Project. Any construction site in the United States where Lowe's has a contract (as defined in the SDA Contract) for the construction of a retail store, distribution facility, or corporate facilities and offices. Qualified Inspector. A person knowledgeable in the principles and practices of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact storm water quality and to assess the effectiveness of any erosion and sediment control measures selected to control the quality of storm water dischazges from the Construction Activity. An individual shall be deemed a Qualified Inspector if the individual is certified by one of the following: (i) CPSEC, Inc. under the Certified Professional in Erosion & Sediment Control program; (ii) any certification of training program approved, sponsored or identified in storm water program outreach materials provided by a state authorized to implement the storm water program pursuant to the NPDES program of Section 402 of the CWA; (iii) a storm water certification program provided by any other organization approved by the EPA; or (iv) successful completion of Lowe's Stormwater Contractor training course. Retention. The holding of runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass. Sediment Control Any practice that traps soil particles after they have been eroded and moved by wind or water. LOW E'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 - Page 41 of 99 • Site Map. The Site Map usually consists of the Phase I and Phase II Erosion and Sediment Control Drawings and include ]) direction of stormwater flow and approximate slopes anticipated after major grading activities, 2) limits of disturbed area and azeas that will not be disturbed, 3) locations where structural and non structural BMPs will be used, 3) locations and types of stabilization practices that will be used, 4) locations of off-site material, waste, borrow and equipment storage areas, 5) locations and names of all Waters of the United States including Wetlands, 6) locations where stormwater will discharge to surface waters or MS4,7) areas where final stabilization has been accomplished and no further construction phase permit conditions or requirements apply, and 8) natural features to be preserved. The Site Map will be used to record the locations of the Job Trailer, Sanitary Waste Facilities, Solid Waste Facilities, Fuel Storage Areas, Equipment Service Areas, and Concrete Washout. The Site Map will be used to identify previous and present locations of these items. The Site Map will be used to record and document any plan amendments or modifications and will be used visually depict all amendments identified on Form D-1 Modification Reports. The Site Map will be updated daily to record where fmal stabilization has occurred. Storm Water Management. The recognition of adverse drainage resulting from altered runoff and the solutions resulting from the cooperative efforts of public agencies and the private sector to mitigate, abate or reverse those adverse results. Storm Water Pollution Prevention Plan (SWPPP). A plan document prepared in accordance with good engineering pmctices thatidentifies all potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges from the construction site, that describes practices used to reduce pollutants in storm water discharges, and that assures compliance with the terms and conditions of the Construction General Permit. The SWPPP must be implemented as written from commencement of the Constmction Activity until final stabilization is complete. Swale. A shallow, gentle depression in the earth's surface. This tends to collect the waters to some extent and is considered in a sense as a drainage course, although waters in a Swale aze not considered stream waters. Terrace. Berm or bench-like earth embanlanent, with a neazly level plain bounded by rising and falling slopes. Total Maximum Daily Load (TMDL). A process established by the CWA guide the application of state water quality standards to individual water bodies and watersheds where these water bodies have been previously established as impaued (303(d) Impaired Waterway) by defining the amount of a particulaz pollutant that a water body can absorb on a daily basis without violating applicable water quality standards. Once this load is determined, the regulatory agency allocates a portion to each source of that pollutant within a particular watershed. Total Suspended Solids (TSS). Particles that are suspended in water. Suspended solids in water reduce light penetration in the water column, can clog the gills of fish and invertebrates, and are often associated with toxic contaminants because organics and metals tend to bind to particles. Velocity. The rate of motion of objects or particles, or of a stream of particles. Watercourse. A defined channel with bed and banks within which water flows, either continuously or in season. A Watercourse is continuous in the direction of the flow and may extend laterally beyond the definite banks to include overflow channels contiguous to the ordinary channel The term does not include artificial channels such as canals and drains, except natural channels trained or restrained by the works of man. Neither does it include depressions or Swales through which surface nor errant waters pass. Water of the United States. (a) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that aze subject to the ebb and flow of the tide; (b) All interstate waters, including interstate Wetlands; (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, Wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degadation, or destruction of which LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 42 of 99 ~:.,.. , ~• would affect or could affect interstate or foreign commerce including any such waters: (1) that aze or could be used by interstate or foreign travelers for recreational or other purposes; (2) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce, or (3) that are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of waters identified in paragraphs (a) through (d) of this definition; (f) The territorial sea; and (g) Wetlands adjacent to waters (other than waters that are themselves Wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11 (m) that also meet the criteria of this definition) are not Waters of the United States. This exclusion applies only to manmade bodies of water that neither were originally created in Waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of Waters of the Unites States. Wetland. Wetlands are areas that may be inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to saturated conditions. Functionally, a Wetland must demonstrate the characteristics of Wetland Hydrology, hydric soils and hydrophytic vegetation, in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual. In order to ensure compliance with federal and state requirements for disturbance of Wetlands, it is advisable to have the site inspected by a Wetlands expert to identify and delineate potential Wetlands: Wetlands on a site should be delineated, surveyed and depicted on a map approved by staff of the Corps of Engineers. A signed map is called a jurisdictional determination and is valid for a period of time, typically 3 to 5 years. Wetlands do not all appear to be swampy or marshy all the time and, in many cases, will never appear swampy or marshy. 303(d) Impaired Waterway. A waterway listed by the state with [he EPA under Section 303(d) of the CWA as a water failing to meet water quality standazds in spite of full compliance by dischargers with all conditions and limitations in NPDES permits and all applicable non-point source controls. ~• 823 LIQUIDATED DAMAGE PROVISIONS The Contractor's participation in this program is mandatory and its non-compliance is subject to various remedies, including without limitation, monetary set-offs, withholding payments; reimbursement for costs, expenses (including reasonable attorney's fees), fines and civil penalties incurred by Lowe's, and/or liquidated damages as set forth below and in Section 9.S.a.B of Division 0 of the Contractor's contract with Lowe's. CROSS-DEFAULT AND SWPPP LIQUIDATE DAMAGES THE CONTRACTOR AGREES AND ACCEPTS THAT LOWE'S MAY SUFFER HARM AND DAMAGE IF THE CONTRACTOR (OR ANY SUBCONTRACTOR) FAILS TO COMPLY STRICTLY WITH THE REQUIREMENTS OF OR FOR AN APPROVED EROSION AND SEDIMENT CONTROL PLAN, A PERMIT FOR THE DISCHARGE OF STORM WATER, A PERMIT UNDER SECTION 404 OF THE CLEAN WATER ACT, THE SWPPP AND/OR APPLICABLE LAWS AND REGULATIONS GOVERNING EROSION AND SEDIMENT CONTROL, WETLANDS, OR TIIE DISCHARGE OF STORM WATER ("STORM WATER REQUIREMENTS") FROM THE PROJECT. WHERE LOWE'S CITES THE CONTRACTOR FOR SUCH BREACH(ES), THE CONTRACTOR SHALL REIMBURSE LOWE'S THE COST OF THE FOLLOW-UP COMPLIANCE/CURE INSPECTION [WHICH LOWE'S OF CARMEL, INDIANA SECI'lON 800 REVISED: 2/17J09 Page 43 of 99 COST THE PARTIES AGREE SHALL BE TWO THOUSAND DOLLARS ($2,000)]. BECAUSE OF THE ADDITIONAL TIME AND COST ASSOCIATED WITH MULTIPLE BREACHES OF STORM WATER REQUIREMENTS BY THE CONTRACTOR ON THIS OR OTHER LOWE'S PROJECTS, CONTRACTOR AGREES AND ACCEPTS THAT UPON RECEIPT OF A SECOND NOTICE OF SUCH BREACH WI"I'fIlN TWELVE (12) MONTHS OF THE FIRST NOTICE FOR ANY LOWE'S (OR AFFILITATE OF LOWE'S) PROJECT, THE CONTRACTOR SHALL REIMBURSE LOWE'S THE COSTS OF THE INITIAL INSPECTION AND THE FOLLOW-UP COMPLIANCE/CURE INSPECTION [WHICH COSTS THE PARTIES AGREE SHALL BE FOUR THOUSAND DOLLARS ($4,000)]. IF THE CONTRACTOR RECENES THREE OR MORE NOTICES OF SUCH BREACH WITHIN TWELVE (12) MONTHS OF THE FIItST NOTICE FOR ANY LOWE'S (OR AFFILITATE OF LOWE'S) PROJECT, THEN THE CONTRACTOR SHALL REIMBURSE LOWE'S THE COSTS OF THE INITIAL INSPECTION AND THE FOLLOW-UP COMPLIANCE/CURE INSPECTION [WHICH COSTS THE PARTIES AGREE SHALL BE FOUR THOUSAND DOLLARS ($4,000)] AND THE CONTRACTOR SHALL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT(S) SET FORTH IN THE SCHEDULE • BELOW. ALL SUMS STIPULATED HEREUNDER SHALL BE DUE AND PAYABLE WITHIN TEN (10) DAYS FOLLOWING DEMAND (THE "LIQUIDATED DAMAGES"). THE PARTIES HERETO ACKNOWLEDGE THE DIFFICULTY OF ASCERTAINING LOWE'S ACTUAL DAMAGES AND THEREFORE AGREE THAT THE ABOVE AMOUNTS ARE A GOOD FAITH ATTEMPT TO IDENTIFY AND QUANTIFY LOWE'S ACTUAL DAMAGES AND AS SUCH DO NOT CONSTITUTE A PENALTY. THE PARTIES FURTHER AGREE THAT LOWE'S MAY ELECT TO DEMAND THE LIQUIDATED DAMAGES, OR IT MAY SEEK ACTUAL MONETARY DAMAGES, AT ITS OPTION. THE LIQUIDATED DAMAGES REMEDY SET FORTH HEREIN IS THEREFORE IN ADDITION TO ANY AND ALL OTHER REMEDIES AVAILABLE TO LOWE'S UNDER THIS AGREEMENT, OR AT LAW, OR IN EQUITY. IF NOT TIMELY PAID, LOWE'S SHALL HAVE THE RIGHT TO OFFSET SUCH LIQUIDATED DAMAGES AGAINST THE PROJECT COSTS DUE CONTRACTOR HEREUNDER. • LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: L12/09 Page 44 of 99 • Table of SWPPP (Division 800) Liquidated Damages • • Failure to submit NOI or otherwise obtain an $],000.00 per day per violation NPDES ermit (when re uired Failure to have the SWPPP available at the site $1,000.00 er day er violation Failure to have the NPDES Permit available at $1,000.00 per day per violation the site For failure to install a BMP $2,000.00 er day er violation For im ro er installation of a BMP $1,500.00 er da er violation For im ro er maintenance of a BMP $1,500.00 er da er violation For installation of an inade uate BMP $1,500.00 er da er violation For failure to conduct re uired ins ections $5,000.00 for each missed ins ection For failure to post Form I-1, signed NOI and $1,000.00 per day per violation NOC at pro'ect entrance For failure to maintain rain gauge or accurate $1,000.00 per day per violation records of rainfall at the site For failure install a required BMP (per $1,000.00 per day per violation construction sequence) prior to land disturbing activi For failure to hold a SWPPP pre-construction $1,000.00 per day per violation meetin rior to startin construction For failure to require action of the responsible $1,000.00 per day per violation subcontractor For failure to prevent significant impacts to $2,000.00 per day per violation Waters of The United States ("significant" being defined by AHJ issuance of a Notice of V iolation statin im acts have been made For failure to take corrective action due to an $1,000.00 per day for the first ten days inspection of each violation, $2,500 per day for the next ten days of each violation, and $5,000 per day for each subsequent day of each violation For failure to record dates when major grading $1,000.00 per day per violation activities occur, when activities temporazily or permanently cease, and/or dates when stabilization measures are initiated For failure to maintain accurate inspection and $1,000.00 per day per violation maintenance documentation For failure to maintain an updated plan (failure to $1,000.00 per day per violation modi lan as needed For failure to initiate stabilization measures on a $1,000.00 per day per violation portion of a site where construction activity has either temporarily or permanently ceased for more than 14 da s For failure to prevent litter, construction debris, $1,000.00 per day per violation coricrete waste, or construction chemicals from bein ex osed to storm water dischazges For failure to rovide sub-contractor trainin $1,000.00 for each missed trainin LOWE'S OF CARMEL, INDIANA SE(7rION S00 REVISED: 7/12/09 Page 45 of 99 ~~'' ~~ ~ . Imo C O y r ,d°zo ~Com o~ r C O 9950'!0'N 38'89TN JB'S8'JO'N 10'OV'N <0'0'd0'N AOY'0'N 40'i90'N a ~ C , o c ~ ~ I y s xo ~ ~ C 1 ° y ~1~ ` y Q G $ ~ ~. - Y ~f x' ~ 'ha 4Y f ~ ~ M1 ~I Z tlt~ _ ~ y~ Th$ S ' _~ g ~ a tr t ~ . ~~ " .,~ f q ~ }-~ ~ F ~ t 1 . t ~$ ~ f ~ n ~ ~ 1 ,, ~ 4 ` ~ Q , fl.~.,y "~ ~ ~ v r 1~...' ~ ~ , ~ ~ 4 ~ ~ ~ ~ a 4J. l ~~ .j e ~ ~ q ~ J~+ , ~ ~ . l } ~ ^(V p, .. I1 ~' a `~' 1k ` '. ~ 3 a. V ' V f , f ry~77 J~f ~ 9 ~ i '~ ~ ~. a ~ ~ ~' ~ I 5. I v 3 }een ~ m ~a .~ ,l J ~ ~ 1 , `~ ~ B~. a o ~~ f ~ NAOBS.BE ' "~ - NA85.8C N.OLBS.BE N AO.OY NAE0.0V NAIA > N Af.60~ ~ SITE MAPS INCLUDE THE FOLLOWING APPROVED PLAN SHEET(S): EROSION & SEDIMENT CONTROL PLAN (PHASE I & II), OVERALL SITE PLAN OVI, SITE PLAN. Cl, GRADING AND DRAINAGE PLAN C2, LANDSCAPE AND STlE LIGHTING PLAN C3, AND DETAIL SHEET C4 NOTE: 8 % X 11 SHEETS REQ UIRED FOR SECTION 2000, SPECIAL PROVISIONS OF DIVISION 2 24 X 36 FULL SIZE SHEETS REQUIRED FOR THE SWPPP LEDGER ~. NOTE TO GENERAL CON'£RACTOR SUPERINTENDENT AND QUALIFIED INSPECTOR: The Phase I and Phase II (and additional Phase drawings if used) are to be used as the SITE MAP(s) -All plan amendments and modifications, areas of the site where stabilization has been accomplished, remaining disturbed areas, locations ofjob-site trailer, all fixed petroleum tanks, concrete washout, all sanitary faci]ities, all solid waste facilities, and equipment service azea shall be marked on these plans by the Qualified Inspector. The location of all un-named and named surface waters (stream/lake/wetland) and the location of all points of dischazge must be shown on this plan. ~• LOWE'S OF CARNET., INDIANA SECTION 800 REVISED: 2!12/09 Page 47 of 99 p S ~ b a e3 :~ • pp°~ f & ` ~ = ~ r ~~' a lFgri ~°° ~ 11'pp E SS~3~ ~yi~ y~yy~~ SHH$~ FF~tBEj°[ ~ g g ~E d "d ~ N C .. ~ ~ ~ }{ & ~ $ O W "~aS O ~ ~gFPLe ~ i~' t .~~~aat m c .x ~ m ~ ~ ~ y~d ej ttt ~55' , .~ ~y C7 o i ~' ~ as a ~` ~ ~ ~ o ~ o ~i ;°i ~! 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ARTICLE I5. NPDES GENERAL PERMIT RULE PROGRAM Rule 1. General Provisions 327IAC 151-1 Purpose Authority: IC 13-I-3-4; IC 13-1-3-7; IC 13-7-7;IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. L The purpose of [his article is [o establish NPDES general permit rules for certain classes or categories of point source discharges by prescribing [he policies, procedures, and technical criteria to operate and discharge under the requirements ofaNPDES general permit rule. Compliance with ail requirements of applicable general permit rules may obviate the need for an individual NPDES permit issued under 327IAC 5. A facility can operate under an individual NPDES permit and one (I) or more applicable general permit rules. (WaterPol[utionControlBoard; 327IAC IS-1-l; filedAug31, 1992, S:OOp.m.: 16IR I5; reodoptedit[edJan 10, 2001, 3:23p.m.: 24IR 1518; readopted filed Nov 21, 2007, I: l6 p. m.: 20071219-IR-327070553BFA) 327IAC 151-2 Definitions Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-] Affected: IC 13-1-3-L5; IC 13-7-1 Sec. 2. In addition to the definitions contained in IC 13-7-1, IC 13-1-3-L5, 327IAC 1, and 327IAC 5, as amended, the following definitions apply throughout this article: (1) "Existing discharge" means any point source dischazge of process or storm water which occurs either continuously or intermittently from a property at the time coverage under an individual NPDES permit is being sought. (2) "General permit rule boundary" means an area based upon existing geographic or political boundazies indicating the area within which a facility affected by this article is located. ~~ (3) "Individual NPDES permit" means a NPDES permit issued to one (1) facility which contains requirements specific to that facility. (4) "Notice of intent letter" or "NOI" means a written notification indicating a person's intention to comply with the terms of a specified general permit rule in lieu ofapplying for an individual NPDES permit and includes information as required under 327IAC IS-3 and the applicable general permit rule. (5) "Storm water" means water resulting from rain, melting or melted snow, hail, or sleet. (Water Pollution Control Board; 327IAC I5-1-2; filed Aug 31, 1992, S: 00 p. m.: 16 /R I5: readopted filed Jan 10, 2001, 3.'23 p. m.: 24lR 1518; readopted filed Nov 2l, 2007; 1: 16 p. m.: 200712/9-IR-327070553BFA) 327IAC 15-1-3 Department request for data Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10.1 Affected: IC 13-1-3;IC 13-7-1-17 Sec. 3. (a) Any person, as defined a[ IC 13-7-1-17, subject to this article shall: (1) establish and maintain such records; (2) make such reports; (3) install, use, and maintain such monitoring equipment or methods (including, where appropriate, biomonitoring methods); (4) sample such effluents, internal wastestreams where appropriate, or other material; and (5) provide such other data, including, but not limited [o, raw materials, catalysts, intermediate products, byproducts, production rates, and related process infot~nation; at such locations, at such times, and in such a manner, as the commissioner may reasonably prescribe. (b) Sampling of internal wastestreams under subsection (a)(4) and the provisions of data under subsection (a)(5) shall not be required by the commissioner unless: (1) such data aze reasonably expected to facilitate the identification or quantification of pollutants which may be released to the environment from facilities opernted by the person to whom the request is made, and [he identification or quantification of such pollutants could not reasonably be made by the commissioner in the absence of the requested information; or (2) such data are necessary to properly control wastewater treatment processes. (Water Pollution Control Board, 327IAC 15-1-3; filed Aug 31, 1992, 5: 00 p. m.: 161R 16; readopted filed Jan /Q 2001, 3:23 p.m.: Indiana Administrative Code ~ Page 1 NPDES GENERAL PERMIT RULE PROGRAM - -- 241R 1518; readopted filed Nov 21, 2007, 1:I6p.m.: 2 00 7121 9-IR-3270705538FA) 327 IAC 15-1-4 Enforcement Authority: IC 13-1-3-4; [C I3-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. 4. This article shall be enforced through the provisions of IC 13-7-10-5, IC 13-7-11, or IC 13-7-12, or any combination thereof, as appropriate. Penalties for violation of this article shall be governed by IC 13-7-13. (Water Pollution Control Board; 327 IAC I5-1-4; filed Aug 31, 1992, 5:00 p.m.: ]6IR /6; readopted filed Jan I0, 2001, 3:23 p. m.: 241R 1578; readopted filed Nov 21, 2007, 1:16 p. m.: 20071219-IR-327070553BFA) Rule 2. Basic NPDES General Permit Rule Requirements 3271AC 15-2-1 Purpose and scope Authority: IC 13-I-3-4; IC 13-I-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC L3-1-3; IC 13-1-4-]; IC 13-7-1-10 Sec. 1. This rule defines the basic programmatic requirements of the general permit rule program to be administered by the commissioner consistent with NPDES requirements under the Federal Act, as defined at IC 13-I-4-1, IC 13-7-I-10, and 327 IAC 5. (Water Pollution Control Board,' 3171AC IS-2-1; filed Aug 31, 1992, 5: 00 p.m.: 16 /R 16) 327 IAC 15-2-2 NPDES general permit rule requirements Authority: IC I3-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-]0-1 Affected: IC 13-I-3; IC 13-7 Sec. 2. (a) The commissioner may regulate the following discharges under NPDES general permit rules: • (1) Point source discharges of storm water associated with industria] activity as defined in 40 CFR 122.26(b)(14) as published in the Federal Register on November l6, 1990. (2) Such other categories of point sources operating within the state that: ` (A) involve the same or substantially similar types of operations; (B) discharge the same types of wastes; (C) require the same effluent limitations or operating conditions; and (D) require [he same or similar monitoring requirements. (b) The commissioner may determine [hat an individual permit must be obtained under section 9 of this rule. Any person to whom this article applies may avoid compliance with this article by obtaining an individual NPDES permit. (c) Each general permit rule shall be applicable to persons meeting the criteria of subsection (a) existing within specific boundaries designated by the commissioner in accordance with the following: (1) A general permit rule boundary shalt correspond with existing geographic or political boundaries such as: (A) designated planning areas under [he Federal Act; (B) regional sewer districts or sewer authorities; (C) city, county, or state political boundaries; (D) state highway systems; (E) standard metropolitan statistical areas; (F) urbanized azeas as de£med by the Bureau of Census according to the criteria in 39 FR 15202 (May 1, 1974); or (G) any other appropriate divisions or combinations of the boundaries in this subdivision which will encompass the sources subject to the general permit rule. (2) Any designation of any general permit rule boundary is subject to reclassification by [he commissioner: (A) upon revision of a general permit mle; (B) if individual NPDES permits have been issued to all persons in a category of point sources; or (C) as necessary to address water quality problems effectively. {Water Pollution Conlrol Board; 327 !AC I5-2-2; filed Aug 3 t, 1992, S:OD p. m.: 167R 16; errata filed Sep 10, 1992, 12:00 p.m.: Indiana Administrative Code ,~_.:~ ~._ GENERAL PERMIT RULE PROGRAM l67R 65) 327IAC 15-2-3 NPDES general permit rule applicability requirements Authority: IC 13-14-S; IC 13-14-9; IC 13-15-I-2; IC 13-15-2-I; IC 13-18-3 Affected: IC I3-Il-2; IC 13-18-4 Sec. 3. (a) A general permit rule may regulate all designated categories of point sources for which a general permit rule exists except: (I) as provided under section 6 or 9 of this rule or the applicable general permit rule; and (2) point source discharges meeting [he applicability requirements of a general permit rule, who are already subject [o individual NPDES permits prior [o [he effective date of a general permit rule. (b) Persons excluded from general permit rule regulation solely because they have an existing individual NPDES permit may request to be regulated under a general permit rule and may request that the individual NPDES permit be revoked or modified to remove the point source from [he existing permit. Upon revocation or expiration ofthe individual NPDES permit, the general permit rule shall apply to such point source discharges regulated under this article. This allowance to change from an individual NPDES permit to a geneml NPDES permit does not apply [o municipal sepazate stone sewer system permittees who were issued an individual NPDES permit before January 1, 2000. (c) A person that holds an individual NPDES permit may have discharges regulated under an applicable general permit rule if such discharges aze not addressed in the individual permit. (Water Pollution Control Board: 327 /AC IS-2-3; filed Aug 31, 1992, S: OO p. m.: 16IR 17; filed Oct 27, 2003, 10: /S a. m.: 27 !R 830) 327 IAC 15-2-4 Administrative requirement for NPDES general permit rules Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-I-3; IC 13-7 (, Sec. 4. A general permit rule is apermit-by-rule. Therefore, the statutory requirements for administrative agency rulemaking /`• must be satisfied in the development of a general permit rule. (Water Pollution Control Board; 327IAC IS-2-4; filed Aug 31, 1992, 5.'OOp.m.: /6IR17) 327 IAC 15-2-5 Notice of intent letter Authority: IC 13-I-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-]0-1 Affected: IC 13-I-3; IC 13-7 Sec. 5. (a) Any person subject to the requirements of this article shall submit a NOI letter that complies with this section, 327 IAC 15-3, and the additional requivements m any applicable general permit rule. (b) A NOI letter shall be submitted to [he commissioner by the time specified under 327 IAC I S-3 or the time indicated in [he applicable general permit rule: (c) The person responsible forthe operation ofthe facility from which apoint source discharge ofpollutantsand/or storm water occurs must submit a NOI letter. (Water Pollution Contro/Board,' 327IAC /5-2-5; filed Aug 31, 1992, 5:00 p.m.: 167R !7) 327IAC 15-2-6 Exclusions Authority: IC 13-14-8; IC 13-14-9; IC 13-IS-1-2; IC 13-15-2-1; IC 13-18-3 Affected: TC 13-11-2; IC 13-18-4 Sec. 6. (a) Except as provided in subsection (b), an individual NPDES permit issued under 327 IAC 5 is required for a discharge to a receiving stream identified as an outstanding state resource water, an exceptional use water, or an outstanding national resource water as defined under 327 IAC 2-1-2(3), 327 IAC 2-1-I I(b), or 327 IAC 2-1.5-4 or which would significantly lower the water quality as defined under 327 IAC 5-2-1 L3(b)(1) of such a water downstream of the point source discharge. (b) A discharge to an outstanding national resource water, outstanding state resource water, or exceptional use water may be permitted under 327IAC I S-5, 327IAC 15-6, or 327 IAC 15-13 if the commissioner determines the discharge will not significantly Tower the waterquality as defined under 327IAC 5-2-11.3(b)(1) of such a water downstream of that point source discharge. (Water Indiana AdministrativeCode - - Page 3 ~; NPDES GENERAL PERMIT RULE PROGRAM ~~ Pollution Control Board,' 327IAC I5-2-6; f:ledAug 31, 1992, S:OOp.m.: 16lR 17; fledJan /4, 7997, 12:OOp.m.: 20IR 1476; filed Oct 27, 2003, 10: l5 a. m.: 27 IR 830f 327IAC 15-2-7 Effect of general permit rule Authority: IC 13-I-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-]0-1 Affected: IC 13-1-3; IC 13-7 Sec. 7. (a) Compliance with a general permit mle constitutes compliance with all applicable standazds and limitations of the Federal Act and state law. (b) Compliance with an applicable general permit rule does no[: (1) convey any property rights of any sort or any exclusive privileges; (2) authorize any injury [o persons or private property or invasion of outer private rights or any infringement of federal, state, or local laws or regulations; or ~ - (3) preempt any duty to obtain state or local assent required by law for the discharge or for construction or operation of the facility from which the discharge is made. (Water Pollution Control Board, 327IAC 15-2-7; fled Aug 31, 1992, 5:00 p.m.: /67R /7) 327IAC 15-2-8 Transferability of noti5cation requirements Authority: IC 13-14-8; IC 13-14-9; IC I3-IS-1-2; IC 13-15-2-1; TC 13-18-3 Affected: [C 4-22-2; IC 13-11-2; IC 13-IS-4 Sec. 8. (a) Unless other requirements are found within specific rules under this article, compliance with the NOI letter submission requirements under this article may be transferred if the following occurs: (1) The current permittee notifies the commissioner at least thirty (30) days in advance of [he proposed transfer date in • subdivision (2). (2) A written agreement containing a specific date for transfer of permit responsibility and coverage between the current permittee and the transferee (including acknowledgment that the existing pennittee is liable for violations up to that date and that the transferee is liable for violations from that date on) is submitted to the commissioner. (3) The transferee certifies in writing to the commissioner intent to operate the facility without making such material and substantial alterations or additions to the facility as would significantly change the nature or quantities ofpollutants discharged. (b) The commissioner may require that a new NOI letter be submitted rather than agreeing to the transfer of the NOI letter requirements. (Water Pollution Control Board; 327 /AC I5-2-8; fried Aug 3!, /992, 5: 00 p.m.: 167R 18; filed Oct 27, 2003, 10: I S a. m.: 27 /R 831) 327IAC 15-2-9 Special requirements for NPDES general permit rule Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-i; IC 13-18-3 Affected: IC 4-21.5; IC 13-1 I-2; IC 13-18-4 Sec. 9. (a) If a general permit rule is amended, all persons regulated by the affected general permit rule must be notified by first class mail of the amendment by the commissioner. Those persons notified by the commissioner under this subsection shall: (1) apply for an individual NPDES permit under 327IAC 5-3; or (2) submit a complete NOI letter containing the information required in 327IAC I5-3-2 and the amended rule; within ninety (90) days after receipt of the notice from the commissioner. (b) The commissioner may require any person either with an existing discharge subject to the requirements of [his article or who is proposing a discharge that would otherwise be subject to the requirements of this article to apply for and obtain an individual NPDES permit if one (I) of the six (6) cases listed th this subsection occurs. Interested persons may petition the commissioner to take action under this subsection. Cases where individual NPDES permits may be required include the following: (1) The applicable requirements contained in this article are not adequate to ensure compliance with: (A) water quality standards under 327 [AC 2-1 or 327IAC 2-1.5; or (B) the provisions that implement water quality standards contained in 327IAC 5. (2) The person is no[ in compliance with the terms and conditions of the general permit rule. - Indiana Administrative Code Page 4 ~. ~~ .' NPDES GENERAL PERMIT RULE PROGRAM (3) A change has occurred in [he availability of demonstrated technology or practices for the control or abatement of pollutants from the point source. (4) Effluent limitations guidelines that are more stringent than [he requirements in the general permit rule are subsequently promulgated for point sources regulated by the general permit rule. (5) A water quality management plan containing more stringent requirements applicable to such point source is approved. (6) Circumstances have changed since the activity regulated under this article began so thaz the discharger is no longer appropriately controlled under the general permit rule or either a temporary or permanent reduction or elimination of the authorized discharge is necessary. (c) If, under subsection (b), the commissioner requires an individual NPDES permit, pursuant to 327 IAC 5-3, the commissioner shall notify the person in writing that an individual NPDES permit application is required. This notice shall be issued pursuant to IC 4-21.5 and shall also include the following: (1) A brief statement of the reasons for this decision. (2) An application form. - (3) Astatement setting a time for the person to file the application. (4) A statement that on the effective date of the individual NPDES permit, the general permit rule, as it applies to the individual person, shall no longer apply. The commissioner may grant additional time upon request of the applicant for completion of the application. (d) A person having financial responsibility or operational control for a facility, project site, or municipal separaze storm sewer system area and [he associated storn waer discharges, [hat meets the applicability requirements ofthe general permit rule and is no[ covered by am existing individual NPDES permit, must submit an application under 40 CFR 122.26 as published in the Federal Register on November 16, 1990, and 327 IAC 5-3 ifthe operator seeks to cover the discharge under an individual permit. (e) On the effective date of an individual NPDES permit [haz is issued to a person regulated under this article, this article no longer applies to that person. ~ _ (f) Persons with a discharge meeting al] [he applicability criteria of more than one (1) general permit rule shall comply with all applicable general permit rules. (Water Pollution Control Board; 327IAC 15-2-9; filed Aug 31, /992, S:OOp. m.: I ti IR I8; errata ~~ filed Sep 10, 1992, 12:OOp.m.: 767R 65; errata, 16IR 751; filed Jan 14, 1997, /2:00 p.m.: 201R 1476; filed Oct Z7, 2003, 10:15 a. m.: 27 !R 831) 327IAC 15-2-10 Prohibitions Authority: IC 13-I-3-4; IC 13-I-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-I-3; IC 13-7 - Sec. 10. No general permit rule shall be promulgated and issued where the terns and conditions of the permit rule do not comply with the applicable guidelines and requirements of the Federal Act or effective regulations promulgated under the Federal Act, 327 IAC 2, 327 IAC 5, or this article. (Water Pollution Control Board,' 327IAC IS-2-10; filed Aug 31, 1992, 5:00 p. m.: 16IR /S) Rule 3. NOI Letter Requirements 327 IAC 15-3-1 Purpose Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-I; IC 13-IS-3 Affected: IC 13-11-2; IC 13-18-4 Sec. L The purpose of this rule is [o establish the requirements and procedures for submitting an NOI letter under a general permit rule. Unless otherwise specified under an applicable general permit rule, theNO1 letter shall be sent to the following address: Indiana Department of Environmental Management Office of Water Quality 100 North Senate Avenue, Room N1255 Indianapolis, Indiana 46204 Attention: Permits Section, General Permit Desk . (Water Pollution Control Board,' 327IAC IS-3-I; filed Aug 3l, 1992, S:OOp.m.: 16IR 19; readaptedfiledJan /0, 2001, 3:23p.m.: • Indiana Administrative Code Page 5 ~. NPDES GENERAL PERMIT RULE PROGRAM ~ - 24IR 75/8; filed Oct 27, 2003, 10:15 a. m.: 17IR 832; errata filed Feb 6, 2006, 11:15 a. m.: 297R /938; readoptedfe[ed Nov 2!, 2007, 1:16 p. m.: 20071219-IR-327070553BFA) 327IAC 15-3-2 Content requirements of a NOI letter Authority: IC 13-14-8; IC 13-14-9; IC 13-IS-1-2; IC 13-IS-2-1; IC 13-18-3 Affected: IC 13-11-2; IC 13-18-4 Sec. 2. Except for petmittees covered under 327IAC IS-5 and 327IAC 15-13 and as provided in 327IAC IS-14-4, the NOI letter shall include the following: (1) Name, mailing address, and location of the facility for which the notification is submitted. (2) Standard Industrial Classification (SIC) codes, as defined in 327 IAC 5, up to four (4) digits, that best represent the principal products or activities provided by the facility. (3) The person's name, address, telephone number, a-mail address (if available), ownership status, and statusas federal, state, private, public, or other entity. (4) The latitude and longitude ofthe approximate center of the facility to the nearest fifteen (15) seconds, and, ifthe section, township, and range are provided, the nearest quarter section in which the facility is located. (5) The name of receiving water, or, if the discharge is to a municipat separate storm sewer, [he name of the municipal operator of the storm sewer and the ultimate receiving water. (6) A description of how the facility complies with [he applicability requirements of the general permit mle. (7) Any additional NOI letter information required by the applicable general permit mle. (8) The NOI letter must be signed by a person meeting the signatory requirements in 327 IAC IS-4-3(g). (Water PollutionCantrolBoard; 327IAC IS-3-Zrfrled Aug 31, 1992, 5:00 p. m.: 16IR19; errata filed Sep ]0, 1992, 12:OOp.m.: 167R 65; readopted, filed Jan 10, 2001, 3:23 p.m.: 24IR 1518; filed Oct 27, 2003, 10: I S a. m.: 27IR 832; filed Dec 18, 2003, 70:39 a. m.: 27IR 1563; readopted, filed Nov 21, 2007, 1:16 p. m.: 20071219-IR-327070553BFA) 327 IAC 15-3-3 Deadline for submittal of a NOI letter; additional requirements Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3 Affected: IC 13-11-2; [C I3-18-4 Sec. 3. (a) Any person proposing a new dischazge [hat will be subject to a general permit rule, except for construction activity under 327 IAC 15-5 and municipal separate storm sewer system discharges under 327 IAC 15-13, shall submit an NOI letter and additional information as required by the applicable general permit rule at least one hundred eighty (180) days before the date on which the discharge is to commence unless permission for a later date has been granted by the commissioner or is established in the applicable general permit rule. A construction activity NOI letter shall be submitted in accordance with 327IAC 15-5-6. A municipal separate storm sewer system NOI letter shall be submitted in accordance with 327IAC IS-13-6 and 327IAC IS-13-9. (b) Any person requesting coverage under a general permit rule with an existing discharge shall submit an NOI letter within ninety (90) days of the effective date ofthe applicable general permit rule unless permission for a later date has been granted by the commissioner or is established in 327IAC 15-2-9(a) orthe applicable general permit rule. (Water Pollution Control Board; 327 L4C IS-3-3; filedAug31, 1992, S:OOp.m.: 16TR 19; erratafi[edSep 10, 1992, 12:OOp.m.: /6IR65; errata, 16IR898; readopted filed Jan 10, 2001, 3:23p.m.: 24IR /518; filedOcJ27, 2003, IO:15a.m.: 27IR 832; readoptedfiledNOV11, 2007, 1:16p.m.: 20071219- IR-327070553BFA) 327IAC 15-3-4 Procedures for exemption from au individual NPDES permit Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC t3-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. 4. Except as provided for in [he applicable general permit rule, the following apply: (1) A person with an existing NPDES permit will be exempt from the requirement of that permit when he submits the applicable NOI letter and complies with all other applicable requirements of [his article. (2) A person with a new facility to which this article applies must comply with all applicable requirements of this article including [he submittal of the appropriate NOI letter. Indiana Administrative Code Page 6 • NPDES GENERAL PERMIT RULE PROGRAM (Water Pollution Control Board, 327IAC IS-3-4; fled.4ug 31, 1992, 5: 00 p.m.: 167R 19; readopteditled Ja~¢ 10, 2001, 3:23 p. m.: 24IR1518; readopted filed Nov 21, 2007, 1: 16 p. m.: 20071219-IR-327070553BFA) Rule 4. Standard Conditions for NPDES Geoeral Permit Rules 327IAC 15-4-1 General conditions Authority: IC 13-1-3-4; IC 13-t-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-I-6; IC 13-7-13-3 Sec. L (a) The conditions in [his section apply [o all NPDES general permit rules. (b) Any violation ofthis article constitutes aviolation ofthe Federal Act and the Indiana Environmental Management Act and is grounds for enforcement action and/or requirement to obtain an individual NPDES permit. (c) Underthe Indiana Environmental Management Act at IC 13-7-13.3, any person who violates "any rule or standard adopted by one (I) of [he boards" is subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day of such violation. Any person who willfully or negligently violates "any rule or standard adopted by one (1) of the boards" is subject to a fine of not less than two thousand five hundred dollars ($2,500) nor more than twenty-five thousand dollars ($25,000) per day of violation, or by imprisonment for not more than one (1) year, or both. Ifthe conviction is for a violation committed aftera first conviction ofsuch person under this subsection, punishment shall be a fine of not more than fifty thousand dollars ($50,000) per day of violation, or by imprisonment for not more than two (2) years, or both. Except as provided in applicable general permit rule conditions on bypassing under section 2(c) of this rule, and upsets under section 2(d) ofthis rule, nothing in this article shall be construed to relieve persons m violation of it from civil or criminal penalties for noncompliance. (d) Persons in violation of this article shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from their noncompliance. (e) Persons regu]a[ed by this article shall furnish to the commissioner, within a reasonable time, any information which the • commissioner may request to determine whether cause exists for revoking and reapproving or terminating the approval to discharge under this article or to determine compliance with [his article. Those persons shall also furnish to the commissioner, upon request, copies of records requ'med [o be kept by this article. ' (f) Notwithstanding the provisions of 327IAC 15-2-9, if a toxic effluent standard, prohibition, or sediment, wet weather, or biological criteria (including any schedule of compliance specified in such effluent standard or prohibition) is established under the Federal Act for a toxic pollutant which is present in the dischazge and such standard or prohibition is more stringent than any ]imitation for such pollutant in an applicable general permit rule, the rule shall be modified to conform to the toxic effluent standard or prohibition. The person shall comply with effluent standards orprohibitions established Underthe Federal Act fortoxic pollutants injurious to human health within the time provided in the regulations [hat establish those standards orprohibitions, even ifthe rule has not yet been modified [o incorporate the requirement. (g) When cyanide or cyanogen compounds aze used in any of the processes a[ a facility regulated under this article, the person responsible forthat facility shall provide approved facilities forthe containment of any losses ofthese compounds in accordance with the requirements under 327IAC 2-2-1. (h) Persons regulated by this article shall have all wastewater treatment facilities, if any, under the direct supervision of an operator certified by the commissioner as required under IC 13-1-6 and 327IAC 8-12. (i) Nothing in this article shall be construed to relieve anyone from any responsibility, liability, or penalty to which they are or may be subject to under the Federal Act. (j) The applicability ofthis article does not convey any property rights of any sort or any exclusive privileges. (k) The provisions ofthis article are severable and, if any provision of [his article or the application of any provision ofthis article to any circumstance is held invalid, [he application ofsuch provision [o other circumstances and the remainder ofthis article shall not be affected thereby. (I) Persons regulated by this article shall allow the commissioner, or an authorized representative, (including an authorized contractor or representative of another governmental agency acting as a representative on behalf of [he commissioner), at reasonable times, and in a manner to minimize disruption ofthe business, upon the presentation of credentials and such other documents as may be required by law, to: (1) enter upon the premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions ofthis article; Indiana Administrative Code Page 7 ~: NPDES GENERAL PERMIT RULE PROGRAM (2) have access to and copy, at reasonable times, any records thaz must be kept under the conditions of this article; (3) inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this article; and (4) sample or monitor, at reasonable times, for the purposes of assuring compliance with the applicable general permit rule conditions or as otherwise authorized by [he Federal Act, any substances or parameters a[ any location. (m) Persons regulated by this article shall not construct, install, or modify any water pollution control facility without a valid construction permit issued by the Indiana department of environmental management under 327IAC 3-2. (Water Pollution Control Board; 327IAC /5-4-I; fi[edAug 31, 7992, 5:00 p. m.: 167R 19; errata filed Sep 10, 1992, 12:00 p. m.: 16IR 65; errata, 167R 751; errata, 161R 898) _ 327IAC 15-4-2 Management requirements Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-IO-1 Affected: IC 13-1-3; IC 13-7 Sec. 2. (a) Persons regulated by this article shall, at all times, maintain in good working order and efficiently operate all facilities and systems (and related appurtenances) for collection and treatment which are installed or used by the person and which are necessary for achieving compliance with the terms and conditions of this article. (b) The following definitions, with regard to bypass of treatment facilities, apply throughout this rule: (1) "Bypass" means the intentional diversion of a wastestream from any portion of a treatment facility normally utilized for treatment of the was[es[ream. (2) "Severe property damage" means substantial physical damage [o property, damage to the treatment facilities which would cause them to become inoperable, or substantial and perznanent loss of natural resources which can reasonably be expected to occur in [he absence of a bypass. Severe property damage does not mean economic loss caused by delays in production a[ .the facility. (c) Bypass which causes, or is likely to cause, applicable effluent limitations to be exceeded is prohibited unless [he following . conditions are met: (1) Bypass is unavoidable to prevent loss of life, personal injury, or severe property damage. (2) There are no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal period of equipment downtime. (3) The person submits notice of an unanticipated bypass to the commissioner within twenty-four (24) hours of becoming aware ofthe bypass. (Ifthis information is provided orally, a written submission must be provided within five (5) days.) Where the person knows, or should have known, in advance of the need for a bypass, this prior notification shall be submitted for approval to the commissioner, if possible, at least ten (10) days before the date of the bypass. An anticipated bypass which meets [he criteria under this subsection may be allowed under conditions determined to be necessary by the commissioner to minimize any adverse effects. (d) Wi[h regard to upset conditions, as used in this rule, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with the requirements ofthe applicable general permit rule because of factors beyond the reasonable control of the responsible person. An upset does not include noncompliance to the extent caused by any of the following: (1) Operational error. (2) Improperly designed treatment facilities. (3) Inadequate treatment facilities. (4) Lack of preventive maintenance. (5) Careless or improper operation. (e) An upset shall constitute an affirmative defense to an action brought for noncompliance with such effluent limitations if the requirements under subsection (d) aze met. (f) A person regulated under this article who wishes to establish [he affirmative defense of upset shall demonstraze, through properly signed, contemporaneous operating logs or other relevant evidence, the following: (1) An upset occurred and the regulated person has identified [he specific cause of the upset, if possible. (2) The facility was, at the time being operated, in compliance with proper operation and maintenance procedures. (3) The regulated person complied with any remedial measures required under section 1(d) of this rnle. (g) Solids, sludges, filter backwash, or other pollutants removed from or resulting from treatment or control of waters shat] Indiana Administrative Code Page 8 •.:- NPDES GENERAL PERMIT RULE PROGRAM be disposed of in a manner such as to prevent any pollutant from such materials from entering navigable waters and to be in compliance with all Indiana statutes and rules relative to liquid and/or solid waste disposal. (Water Pollution Control Board; 327 IAC 15-4-Z; filed Aug 31, 1992, 5: 00 p. m.: 167811) 327 IAC 15-4-3 Reporting requirements Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-I Affected: IC 13-1-3; IC I3-7-13-3; IC 35-50-3-3 Sec. 3. (a) Any change in the information submitted in the NOI letter sttoutd be reported as soon as practicable to the commissioner. Changes which are reasonably expected to alter the characteristics ofthe discharge regulated under a general pernit rule must be reported prior [o the change. Following such notice, the commissioner may request the person to submit an application for an individual NPDES permit. (b) Monitoring results shall be reported at the intervals and in the form specified in the appropriate general permit rule. (c) The following are requirements for twenty-four (24) hour reporting: (1) Persons regulated by this article shall ornlly report information to [he office of water quality at (3l7) 232-8670 on the following types of noncompliance within one (1) business day from the time the person becomes aware of such noncompliance: (A) Any unanticipated bypass which exceeds any effluent limitation in the applicable general permit rule. (B) Violation of a maximum daily discharge limitation for any of the pollutants listed by the commissioner in the rule to be reported within one (1) business day. (C) Any noncompliance which may pose a significant danger to human health or the environment. (2) A written submission shall also be provided to [he office of enforcement within five (5) business days ofthe time the person becomes aware of the circumstances. The written submission shall contain the following: (A) A description of the noncompliance and its cause. (B) The period of noncompliance, including exact dates and times, and, ifthe noncompliance has not been corrected, ~~ the anticipated time it is expected to continue. (C) Steps taken or planned to reduce and eliminate the noncompliance and prevent its recurrence. The commissioner may waive the written report on a case-by-case basis if the oral report has been received within one (1) business day. (d) Persons regulated under this article shall report any instance of noncompliance mot reported under subsection (c) at the time the pertinent discharge monitoring report is submitted. The report shall contain the information specified under subsection (c)(2). (e) Where the person becomes aware that he failed to submit any relevant facts, or submitted incorrect information in a NOI letter, or in any report to [he commissioner, the person shall promptly submit such facts or corrected information. (f) Persons regulated under this article shall notify the commissioner as soon as they know, or have reason to believe, the following: (I) That any activity has occurred, or will occur, which would result in the discharge ofany pollutant idemified as toxic, under the Federnl Act which is not limited in the applicable general permit rule, if that discharge will exceed the highest of the following notification levels: (A) One hundred (100) micrograms per liter. (B) Two hundred (200) micrograms per liter for acrolein and acrylonitrile; flue hundred (500) micrograms per liter for 2,4-dinitrophenol and 2-methyl-4,6-dinitrophenol; and one (I) milligram per liter for antimony. (C) A level established elsewhere in the rule by the commissioner. (2) That it has begun, or expects to begin, to use or manufacture as an intermediate or final product or byproduct any toxic pollutant which was not reported in the NOI letter. (g) Signatory requvements shall be as follows: (I) AlI reports required by this article and other information requested by the commissioner shall be signed by a person described as follows, or by a duty authorized representative of that person: (A) For a corporation, by a responsible corporate officer. As used in [his sec[ioq "responsible corpomte officer" means: (i) a president, secretary, Veasurer, any vice president ofthe corporntion in charge ofa principal business function, or any other person who performs similar policy or decision making functions for the corporation; or (ii) the manager of one (I) or more manufacturing, production, or operating facilities employing more than two Indiana Administrative Code Page 9 ~; NPDES GENERAL PERMIT RULE PROGRAM - - hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollazs), ifauthority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. _ (B) For a parhtership or sole proprietorship, by a general partner or the proprietor, respectively. (C) For a municipality, state, federal, or other public agency or political subdivision thereof, by either a principal executive officer or ranking elected official (2) A person is a duly authorized representative only if: (A) the authorization is made in writing by a person described under subdivision (1); (B) the authorization specifies either an individual or a position having responsibility for the overall operation of [he regulated facility or activity, such as the position of plant manager, operator of a well or a well Feld, superintendent, or position of equivalent responsibility (a duly authorized representative may thus be either a named individual or any - individual occupying a named position); and (C) the written authorization is submitted to the commissioner (3) Any person signing a document under this section shad make the following certification: "I certify under penalty of ]aw [hat this document and all attachments were prepared under my direction or supervision in accordance with a system desigied to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or [hose persons directly responsible for gathering the informatioq the information submitted is, to the best of my know]edge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.". (h) Except for data determined to be confidential under 327IAC 12 [327IAC 12 was repealedfiled Mar 9, 2000, 7:47 o.m.: 23 IR 1637. See 327IAC l2.LJ, all reports prepared in accordance with the terms of the applicable general permit rule shall be - avai]able for public inspection at the offices of the Indiana department of environmental management and the U.S. Environmental Protection Agency Regional Administrator. As required by the Federal Act, information contained in the NOI letter and effluent data shall no[ be considered confidential. • . (i) The Indiana Environmental Management Act at IC 13-7-I3-3(b) provides that any person who knowingly makes any false statement,representation, or certification in any record oro[herdocumentsubmittedorrequiredtobemaintainedundertheapplicable general permit rule, including monitoring reports or reports of compliance or noncompliance, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000) per violation, or by imprisonment for not more than six (6) months per violation, or by both. The Federal Act, as well as IC 13-7-13-3 and IC 35-50-3-3, provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this article shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000) per violation, or by imprisonment for not more than one hundred eighty (180) days per violation, or by both. (Water Pollution Control Board, 327IAC 15-4-3: filed Aug 31, 1992, S.' 00 p.m.: 161R 21; errata filed Apr 10, 2006, 2:46 p.m.: 29 IR 2547) Rule 5. Storm Water Run-Off Associated with Construction Activity 327IAC 15-5-1 Purpose Authority: IC i3-14-8; IC 13-14-9; IC 13-t5-I-2; IC 13-15-2-I; IC 13-18-3 Affected: IC 13-11-2; IC 13-IS-4 Sec. I. The purpose of this rule is [o estab]ish requirements for storm water discharges from construction activities of one (I) acre or more so [hat the public health, existing water uses, and aquatic biota are protected. (Water Pollution Control Board,' 327IAC IS-5-1; frledAug3l, /992, S:OOp.m.: 161R23; errata, 167R898; readopted filed Jan 10, 2007, 3:23 p. m.: 247R 1518; filed Oct 27, 2003. 10:15 a.m.: 27IR 833; readopted filed Nov 21, 2007, 1:16 p. m.: 20071219-IR-327070553BFA) 327IAC 155-2 Applicability of general permit rules Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3 Affected: IC 13-i I-2; IC 13-18-4; IC 14-34 Sea 2. (a) The requirements under [his rule apply to all persons who: Indiana Adm'vustra[ive Code Page 10 .- ~~• a GENERAL PERMIT RULE PROGRAM (I) do not obtain an individual NPDES permit under 327 [AC 15-2-6; (2) meet the genera] permit rule applicability requirements under 327 IAC 15-2-3; and (3) are involved in construction activity, except operations that result in the land disturbance of less than one (1) acre of total land azea as determined under subsection (h) and are no[ part of a larger common plan of development or sale. (b) The requirements under [his rule do not apply to persons who aze involved in: (I) agricultural land disturbing activities; or ~ _ (2) forest harvesting activities. (c) The requirements under this rule do not apply to the following activities, provided other applicable permits contain provisions requiring immediate imp]ementation of soil erosion control measures: (1) Landfills that have been issued a certification of closure under 329 IAC 10. (2) Coal mining activities permitted under IC 14-34. (3) Municipal solid waste landfills that are accepting waste pursuant to a permit issued by the department under 329 IAC 10 that contains equivalent storm water requirements, including the expansion of landfill boundaries and construction ofnew cells either within or outside [he original solid waste permit boundary. - ' (d) The project site owner has the following responsibilities: (t) Complete a sufficient notice of intent letter. - (2) Ensure that a sufficient construction plan is completed and submitted in accordance with section 6 of this rule. (3) Ensure compliance with this rule during: (A) the construction activity; and (B) implementation of the construction plan. (4) Notify the department with a sufficient notice of termination letter. (5) Ensure that all persons engaging in constmction activities on a permitted project site comply with the applicable requirements of this rule and the approved construction plan. (e) For off-site construction activities that provide services (for example, road extensions, sewer, water, and other utilities) • to a permitted project site, these off-site activity areas must be considered a pazt of the permitted project site when the activity is under the control of the project site owner. (f) For an individual lo[ where land disturbance is expected to be one (I) acre or more and the lot lies within a project site permitted under this rule, the individual lot owner shall: (I) complete his or her own notice of intent letter; and (2) ensure that a sufficient construction plan is completed and submitted in accordance with section 6 of this rule. (g) For an individual lot where the land disturbance is less than one (1) acre and [he lot lies within aproject site permitted under this rule, the individual lot operator shall be in accordance with the following: (1) Comply with: (A) the provisions and requirements of the plan developed by the project site owner; and (B) section 7.5 ofthis rule. (2) Does no[ need to submit a notice of intent letter and construction plans. (h) Multitot project sites are regulated by this rule in accordance with the following: (1) A determination of the area of land disturbance shall be calculated by adding the total area of land disturbance for improvements, such as roads, utilities, or common areas, and the expected total disturbance on each indie~idua] lot, as determined by the following: (A)For asingle-family residential project site where [helots are one-half (0.5) acre ormore, one-half (0.5) acre of land disturbance must be used as the expected lot disturbance. (B) For asingle-family residential project site where the lots are less than one-half (0.5) acre in size, the total lot must be calculated as being disturbed. - (C) To calculate lot disturbance on aII other types of project sites, such as industrial and commercial project sites, the following apply: (i) Where lots are one (1) acre or greater in size, aminimum ofone (1) acre of land disturbance must be calculated as the expected lot disturbance. (ii) Where the lots are less than one (1) acre in size, the total lot must be calculated as being disturbed. (2) For purposes of this rule, strip developments: (A) are considered as one (1) project site; and ~• Indiana AdminisGative Code - Page 11 ~, NPDES GENERAL PERMIT RULE PROGRAM - (B) must comply with this rule; unless the total combined disturbance on all individual lots is less than one (t) acre and is not part of a Jagger common plan of development or sale. (i) Submittal of a notice of intent and construction plans is not required for construction activities associated with asingle- family residential dwelling disturbing less than five (5) acres when the dwelling is not paR of a larger common plan of development or sale. Provisions in section 7(6)(1) through 7(6)(5), 7(6)(10) through 7(6)(17), 7(6)(19), and 7(6)(20) ofthis mle shall be complied with throughout construction activities and until the areas are permanently stabilized. (j) The department may waive the permit requirements under this rule for construction activities [hat disturb less than five (5) acres where the waiver applicant determined by the commissioner certifies that: (1) a total maximum daily load (TMDL) forthe pollutants ofconcem from storm water discharges associated with construction activity indicates that controls on construction site discharges are not needed to protect water quality; or (2) in receiving waters [hat do not require a TMDL study, an equivalent analysis demons[rntes water quality is no[ threatened by storm water discharges, and it has been determined that allocations for the pollutants ofconcem from the construction site discharges are no[ needed to protect water quality based onconsideration ofexisting in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. (Water Pollution Control Board; 3277AC15-S-2; filed Aug 31, 1992, S:OOp.m.: 167R23; readopted filed Jan 70, 2001, 3:23 p. m.: 24 IR 1518; filed Oct 27, 2003, 10:15 a. m.: 27IR 833; readopted filed Nov 21, 2007, 1: /6 p.m.: 20071219-IR-327070553BFA) 327 IAC 15-5-3 General permit rule boundary Authority: IC 13-14-8; IC 13-14-9; IC 13-15-I-2; IC 13-15-2-]; IC 13-18-3 Affected: IC I3-11-2; IC 13-18-4 Sec. 3. This general permit covers all lands within Indiana. (Water Pollution Control Board; 3277AC /5-5-3; filed Aug 31, 1992, S:OOp.m.: 167R23; readoptedfiledJan 10, 2001, 3:23 p. m.: 24IR /518; frledOct27, 2003, IO:ISa.m.: 27IR 834; readopted • filed Nav 21, 7007, 1:16 p.m.: 20071219-IR-327070553BFA) 327 IAC 15-5-4 DeSnitions Authority: [C 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3 Affected: IC 13-ll-2; IC 14-32; IC 14-34 Sec. 4. In addition to the definitions contained in IC 13-11-2, 327 IAC 1, 327 IAC 5, and 327 IAC IS-1-2, the fol]owing definitions apply throughout this rule: (I) "Agricultural conservation practices" means practices that are constructed on agricultural land for the purposes of controlling soil erosion and sedimentation. These practices include grass waterways, sediment basins, terraces, and grade stabilization stmctures. (2) "Agricultural land disturbing activity" means tillage, planting, cultivation, or harvesting operations for the production of - agricultural or nursery vegetative crops. The teen also includes pasture renovation and establishment, the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tile. For purposes of this rule, the term does no[ include land disturbing activities for the construction of agricultural related facilities, such as: (A) barns; (B) buildings to house livestock; (C) roads associated with infrastructure; (D) agricultural waste lagoons and facilities; (E) lakes and ponds; (F) wetlands; and (G) other infrastructure. (3) "Commissioner" refers [o the commissioner of the departrnent. (4) "Construction activity" means land disturbing activities and land disturbing activities associated with the construction of infrastructure and structures. This term does no[ include routine ditch or road maintenance or minor landscaping projects. (5) "Construction plan" means a representation ofa project site and all activities associated with the project. The plan includes the location of [he project site, buildings and other infrastructure, grading activities, schedules for implementation, and other Indiana Administrative Code Page 12 .-. NPDES GENERAL PERMIT RULE PROGRAM pertinent information related [o the project site. A storm water pollution prevention plan is a part of the construction plan. (6) "Construction site access" means a stabilized stone surface at all points of ingress or egress to a project site for the purpose of capturing and detaining sediment carried by tires of vehicles or other equipment entering or exiting the project site. (7) "Contractor" or "subcontractor" means an individual or company hired by the project site or individual lot owner, their agent, or the individual lot operator to perform services on the project site. (8) "Department" refers to the department of environmental management. (9) "Developer" means: (A) any person financially responsible for construction activity; or (B) an owner of property who sells or (eases, or offers for sale or lease, any lots in a subdivision. (10) "DNR-DSC" means the division of soil conservation of the department of natural resources. (1 I) "Erosion" means the detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity. (12) "Erosion and sediment control measure" means a practice, or a combination of practices, [o control erosion and resulting sedimentation. (13) "Erosion and sediment control system" means the use of appropriate erosion and sediment control measures to minimize sedimentation by first reducing or eliminating erosion at the source and then, as necessary, [rapping sediment to prevent it from being discharged from or within a project site. (14) "Final stabilization" means the establishment of permanent vegetative cover or the application of a permanent nonerosive material to azeas where all land disturbing activities have been completed and no additional land disturbing activities are planned under the current permit. (I S) "Grading"means the cutting and filling of the land surface [o a desired slope or elevation. (16) "Impervious surface" means surfaces, such as pavement and rooftops, that prevent the infiltration of storm water into the soil. (17) "Individual building lot" means a single parcel of ]and within a multipazcel development. (I S) "Individual lot operator" means a contractor or subcontractor working on an individual lot. (19) "Individual lot owner" means a person who has financial control of construction activities for an individual lot. >• (20) "Land disturbing activity" means any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading. (21) "Larger common plan of development or sale" means a plan, undertaken by a single project site owner or a group of project site owners acting in concert, [o offer lots for sale or (ease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as part of a larger common plan. The term also includes phased or other construction activity by a single entity for its own use. (22) "Measurable storm event" means a precipitation event that results in a total measured precipitation accumulation equal to, or greater than, one-half (0.5) inch of rainfall. (23) "MS4 area" means a land area comprising one (I) or more places that receives covernge under one (1) NPDES storm water permit regulated by 327 IAC 15-13 or 327 IAC 5-4-6(a)(4) and 327 IAC 5-4-6(a)(5). (24) "MS4 operator" means the person responsible for development, implementation, or enforcement ofthe minimum control measures for a designated MS4 azea regulated under 327 IAC 15-13. - (25) "Municipal separate storm sewer system" or "MS4" has the same meaning set forth at 327 IAC 15-] 3-5(42). (26) "Peak discharge" means the maximum rate of flow during a storm, usually in reference to a specific design storm event. (27) "Permanent stabilization" means the establishment, at a uniform density of seventy percent (70%) across the disturbed area, ofvegetaiive cover or permanent nonerosive material that will ensure [he resistance ofthe soil to erosion, sliding, or other movement. (28) "Phasing ofconstruction"means sequential development of smaller potions of a large project site, stabilizing each portion before beginning land disturbance on subsequent portions, to minimize exposure of disturbed land to erosion. (29) "Project site" means the entire area on which construction activity is to be performed. (30) "Project site owner" means the person required [o submit the NOI letter under this article and required [o comply with the terms of this rule, including either of the following. (A) A developer. (B) A person who has financial and operational control of construction activities and project plans and specifications, including the ability to make modifications to those plans and specifications. (31) "Sediment" means solid material (both mineral and organic) that is in suspension, is being trnnspoted, orhas been moved v~i • Indiana Administrntive Code - - Page 13 NPDES GENERAL PERMIT RULE PROGRAM from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface. (32) "Sedimentation" means the settling and accumulation of unconsolidated sediment carried by storm water run-off. (33)"Soil" means the unconsolidated mineral and organic material on the surface of the earth that serves as the natural medium for the growth of plants. (34) "Soil and Water Conservation District" or "SWCD" means a political subdivision established under IC 14-32. (35) "Storm water pollution prevention plan" means a plan developed to minimize the impact of storm water pollutants resulting from construction activities. (36) "Storm water quality measure" means a practice, or a combination of practices, to control or minimize pollutants associated with storm water run-off. (37) "Strip development" means a multilot project where building lots front on an existing road. (38) "Subdivision" means any land that is divided orpYoposed to be divided into lots, whether contiguous or subject to zoning requirements, for the purpose of sale or lease as part of a larger common plan of development or sale. (39) "Temporary stabilization" means the covering of soil to ensure its resistance to erosion, sliding, or other movement. The term includes vegetative cover, anchored mulch, or other nonerosive material applied at a uniform density of seventy percent (70%) across [he disturbed area. (40) "Tracking" means the deposition of soil [hat is transported from one (l) location to another by tires, [racks of vehicles, or other equipment. (41) "Trained individual" means an individual who is trained and experienced in the principles of storm water quality, including erosion and sediment control as may be demonstrated by state registration, professional certification, experience, or completion of coursework that enable the individual to make judgments regarding storm water control or treatment and monitoring. (Water Pollution Control Board; 3271AC15-5-4; filed Aug 31, 1992, S:OOp.m.: 16lR23; readopted filed Jan 10, 2001, 3:23p.m.: 24IR 1518; fried Oct 27, 2003, 10:1 S a.m.: 27IR 834; errata filed Feb' 4; 2004, 1:45 p.m.: 277R 2284; readoptedfiled Nov 21, 2007, 1:16 p. m.: 20071219-/R-327070S538FA) 327 IAC 15-5-5 Notice of intent letter requirements Authority: IC 13-14-8; IC 13-IS-1-2; IC 13-IS-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-t2-3-1; IC 13-18-1 Sec. 5. (a) The following information must be submitted by the project site owner with a complete NOI letter under this rule: (1) Name, mailing address, and location of the project site for which the notificazion is submitted. (2) The project site owner's name, address, telephone number, a-mail address (if available), ownership status as federal, state, public, private, or other entity. (3) Contact person (ifdifferen[ than project site owner), person's name, company name, address, a-mail address (if available), and telephone number. (4) A brief description of [he construction project, including a statement of the total acreage of the project site. Total acreage claimed in the NOI letter shall be consistent with the acreage covered in the construction plan. (5) Estimated dates for initiation and completion of construction activities. Within forty-eight (48) hours of the initiation of construction activity, the project site owner must notify the commissioner and [he appropriate plan reviewing agency of the actual project start date. (6) The latitude and longitude of the approximate center of [he project site to the nearest fifteen (t 5) seconds, and the nearest quarter section, township, range, and civil township in which the project site is located. (7) Total impervious surface area, in square fee[, of the final project site including structures, roads, parking lots, and other similar improvements. (8) The number of acres [o be involved in the construction activities: (9) Proof of publication in a newspaper of genernl circulation in the affected area that notified the public that a construction activity is to commence, that states, "(Company name, address) is submitting an NOI letter [o 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 [he following project: (name of the constriction project, address of the location of the construction project). Run-off from the project site will discharge [o (stream(s) receiving the discharge(s)).". (] 0) As applicable, a list of all MS4 areas designated under 327 IAC IS-13 within which the project site lies. ~= Indiana Administrative Code Page 14 • NPDES GENERAL PERMIT RULE PROGRAM (1 l) A written certification by the operator that: (A) the storm water quality measures included in the construction plan comply with [he requirements under sections 6.5, 7, and 7.5 of this rule and that the storm water pollution prevention plan complies with all applicable federal, state, and local storm water requirements; (B) the measures required by section 7 of this rule will be implemented in accordance with the storm water pollution prevention plan; (C) ifthe projected land disturbance is one (1) acre or more, the applicable soil and water conservation district or other entity designated by the departrnent has been sent a copy of the consWCtion plan for review, (D) storm water quality measures beyond those specified in the storm water pollution prevention plan will be implemented during the life of the permit if necessary to comply with section 7 of [his rule; and (E) implementation of storm water quality measures will be inspected by trained individuals. (12) The name of receiving water or, if the discharge is [o a municipal sepazate storm sewer, [he name of [he municipal operator of the storm sewer and the ultimate receiving water. (13) The NOI letter must be signed by a person meeting the signatory requirements in 327IAC IS-4-3(g). (14) A notification from the SWCD, DNR-DSC, or other entity designated by the department as the reviewing agency indicating that the consWC[ions plans are sufficient [o comply with this rule. This requirement may be waived if [he project site owner has not received notification from the reviewing agency within the time frame specified in 327IAC 15-5-6(b)(3). (b) Send NOI letters to: Indiana Department of Environmental Management Office of W ater Quality, Urban W et Weather Section 100 North Senate Avenue, Room N t255 Indianapolis, Indiana 46204 Attention: Rule 5 Storm Water Coordinator. (Water Pollution Conhol Board,' 327IAC IS-S-S; filed Aug 31, 1992, 5:00 p.m.: 16 /R 24; errata filed Sep 1 Q 1992, 12:00 p.m.: l6IR 65; readaptedfiled Jan 10, 2001, 3:23 p.m.: 24IR 1518; filed Oct 27, 2003. 10:15 a.m.: 27IR 836; errataftled Feb 6, 2006, ll: /S a. m.: 29IR 1938; readopted fried Nov 11, 2007, l:16 p.m.: 20071219-IR-327070553BFA) 327IAC 15-5-6 Submittal of ao NOI letter and construMion plans Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-12-3-1; IC 13-18-1 Sec. 6. (a) After [he project site owner has received notification from the reviewing agency that the construction plans meet the requirements of the rule or the review period outlined in subsection (b)(3) has expired, all NOI letter information required under section 5 of this rule shall be submitted to the commissioner at (east forty-eight (48) hours prior to the initiation of land disturbing activities a[ the site. A copy of the completed NOI letter must also be submitted to all S WCDs, or other entity designated by the department; where [he land disturbing activities are to occur. If the NOI letter is determined to be deficient, the project site owner must address the deficient items and submit an amended NOI letter to the commissioner at the address specified in section 5 of this rule. (b) For a project site where the proposed land disturbance is one (I) acre or more as determined under section 2 of this rule, the following requirements must be met: (t) A consWCtion plan must be submitted according to the following: (A) Prior to the initiation of any land dismrbing activities. (B) Sent to the appropriate SWCD or other entity designated by the department for: (i) review and verification that the plan meets the requirements of the rule; or (ii) a single coordinated review in accordance with subsection (d)(3) if: (AA) the construction activity will occur in more than one (1) SWCD; and (BB) the project site owner has made a request for a single coordinated review. (2) If the construction plan required by subdivision (I) is determined to be de5cient, the S WCD, DNR-DSC, or other entity designated by the department as the reviewing agency may require modifications, terms, and conditions as necessary to meet the requirements ofthe rule. The initiation of construction activity following notification by [he reviewing agency that the plan does not meet the requirements of the rule is a violation and subject [o enforcement action. If notification of a deficient plan Indiana Administrative Code Page NPDES GENERAL PERMIT RULE ~i is received after the review period outlined in subdivision (3) and following commencement of construction activities, the plans must be modified to meet the requirements ofthe rule and resubmitted within fourteen (l4) days ofreceipt of the notification of deficient plans. (3) If the project site owner does not receive notification within twenty-eight (28) days aRer the plan is received by the reviewing agency stating that the reviewing agency finds the plan is deficient, the project site owner may submit the NOI letter information. (c) The following apply for a project where constmction activity occurs inside a single MS4 area regulated under 327IAC IS-13: (1) A copy ofthe completed NOI letter must be submitted to the appropriate MS4 operators. (2) The project site owner must comply with all appropriate ordinances and regulations within the MS4 area related to storm water discharges. The MS4 operator ordinance as required by 327 IAC 15-13-15(b) and 327 IAC IS-13-16(b) will be considered to have the same authority as this rule within the regulated MS4 area. (d) For a project that will occur in more than one (1)jurisdiction,such as an SWCD orregulated MS4 area, the following must be met: (1) Project site owners of project sites occurring in multiple MS4 areas, but not in nondesignated areas, shall submit the information required in subsection (c) to each appropriate MS4 operator. (2) Project site owners of project sites occumng in one (I) or more MS4 areas and nondesignated areas shall submit [he information required in subsections (a) through (c) to all appropriate MS4 operators, and the SWCD or other entity designated by the department. (3) Project site owners of project sites occurring in multiple nondesignated areas, but not occurring within an MS4 area, may request a single coordinated review through the DNR-DSC office at the following address: 402 West Washington Street Room W265 Indianapolis, Indiana 46204. Uponacceptanceoftherequest,theDNR-DSC will coordinate theplanreviewwithappropriateSWCDsandotherentitiesdesignated ~. by the department. (Water Pollution Control Board; 327IAC IS-S-6; filed Aug 3!, 1992, 5:00 p. m.: 16IR 24; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR l518; filed Oct 27, 2003, 10:15 a. m.: 27 /R 837; errata filed Feb 4, 2004, 1:45 p. m.: 27IR 2284; readopted filed Nov 21, 2007, 1: 16 p. m.: 20071219-IR-327070553BFA) 327 IAC 15-5-6.5 Requirements for coustruction plans Authority: IC ]3-14-S;IC 13-15,1-2; IC l3-IS-2; IC 13-18-3; IC 13-i8-4 Affected: IC 13-12-3-I; IC 13-18-1 Sec. 6.5. (a) For project sites that do not meet the criteria in subsection (b), the project site owner shall develop a set of construction plans. Storm water quality measures included in the plan must achieve the minimum project site requirements specified in section 7 of this rule. The construction plans must include the following: (1) Project narrative and supporting documents, including the following information: (A) An index indicating the location, in the construction plans, of all information required by this subsection. (B) Description ofthe nature and purpose ofthe project. - (C) Legal description of the project site. The description should be to the nearest quarter section, township, and range, and include the civil township. (D) Soi] properties, characteristics, limitations, and hazards associated with [he project site and the measures [hat will be integrated into the project [o overcome or minimize adverse soil conditions. (E) General construction sequence of how [he project site will be built, including phases of construction. (F) Hydrologic Unit Code (14 Digit) available from the United States Geological Survey (USGS). (G) A reduced plat or project site map showing [helot numbers, lot boundaries, and road layout and names. The reduced map must be legible and submitted on a sheet or sheets no larger than eleven (11) inches by seventeen (l7) inches for all phases or sections ofthe project site.. (I-I) Identi5cation of any other state or federal water quality permits that are required for construction activities associated with the owner's project site. (2) Vicinity map depicting the project site location in relationship to recognizable local landmarks, towns, and major roads, Indiana Administrative Code page 16 NPDES GENERAL PERMIT RULE PROGRAM such as a USGS topographic quadrangle map or county or municipal road map. (3) An existing project site layout that must include the following information: (A) Location and name of all wetlands, lakes, and water courses on or adjacent to the project site. (B) Location of all existing structures on the project site. (C) One hundred (100) year floodplains, floodway fringes, and floodways. Please note if none exists. (D) Soil map of the predominant soil types, as determined by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NAGS) Soil Survey, or an equivalent publication, or as determined by a soil scientist A soil legend must be included with the soil map. (E) Identification and delineation of vegetative cover, such as grass, weeds, brash, and trees, on [he project site. (F) Land use of all adjacent properties. (G) Existing topogrnphy at a contour interval appropriate to indicate drninage pattems. (4) Final projectsite layout, including [he following information: (A) Location of all proposed site improvements, including roads, utilities, lot delineation and identification, proposed stmctures, and common areas. (B) One hundred (100) year floodplains, floodway fringes, and floodways. Please note if none exists. (C) Proposed final topography a[ a contour interval appropriate to indicate drainage pattems. (5) A grnding plan, including the following information: (A) Delineation of all proposed land disturbing activities, including off-site activities that will provide services to the project site. (B) Location of all soil stockpiles and borrow areas. (C) Information regarding any off-site borrow, stockpile, or disposal azeas that are associated with a project site and under the control of [he project site owner. (D) Existing and proposed topographic information. (6) A drninage plan, including the following information: ~~ (A)Anestimateofthepeakdischarge,basedonthe[en(10)years[ormevent,oftheprojectsiteforbothpreconstruction and postconstructioncoeditions. (B) Location, size, and dimensions of all stone water drainage systems, such as culverts, storm sewers, and conveyance channels. (C) Locations where storm water may be directly discharged into ground water, such as abandoned wells or sinkholes. Please note if none exists. (D) Locations of specific points where store water dischazge will leave the project site. (E) Name of all receiving waters. If the discharge is to a separate municipal storm sewer, identify the name of the municipal operator and the ultimate receiving water. (F) Location, size, and dimensions of features, such as permanent retention or detention facilities, including existing or manmade wetlands, used for the purpose of storm water management. (7) A storm water pollution prevention plan associated with constmction activities. The plan must be designed [o, a[ least, meet the requirements of sections 7 and 7.5 of this rule and must include the following. - (A) Location, dimensions, detailed specifications, and construction details of all temporary and permanent storm water quality measures. (B) Temporary stabilization plans and sequence of implementation. (C) Permanent stabilization plans and sequence of implementation. (D) Temporary and permanent stabilization plans shall include the following: (i) Specifications and application rates for soil amendments and seed mixtures. (ii) The Type and application rate for anchored mulch. (E) Construction sequence describing the relationship between implementation of storm water qualiTy measures and stages of constmction activities. (F) Self-monitoring program including plan and procedures. (G) A description of potential pollutant sources associated with the construction activities, that may reasonably be expected to add a significant amount of pollutants to storm water discharges. (E-n Material handling and stornge associated with construction activity shall meet the spill prevention and spill response requirements in 327 IAC 2-6.1. • Indiana Administrative Code - Page 17 ~; NPDES GENERAL PERMIT RULE PROGRAM - (8) The postconstruction storm water pollution prevention plan. The plan must include the following information: (A) A description of potential pollutant sources from the proposed land use, that may reasonably be expected to add a significant amount of pollutants to storm water discharges. (B) Location, dimensions, detailed specifications, and construction details of all postconstruc[ion storm water quality measures. (C) A description of measures that will be installed to control pollutants in storm water discharges that will occur after construction activities have been completed. Such prnc[ices include infiltration ofrun-off, flow reductionby use ofopen vegetated swales and natural depressions, buffer strip and riparian zone preservation, filter strip creation, minimization of land disturbance and surface imperviousness, maximization ofopen space, and storm water retention and detention ponds. (D) A sequence describing when each postconstruction storm water quality measure will be installed. (E) Storm water quality measures that will remove or minimize pollutants from stone waterrun-off. (F) Storm water quality measures that will be implemented to prevent or minimize adverse impacts to stream and riparian habitat. (G) A narrative description of the maintenance guidelines for all pos[constrvction storm water quality measures to facilitate [heir proper Tong term function. This narrative description shall be made available to future parties who will assume responsibility for the operation and maintenance of the postconstruction storm water quality measures. (b) For asingle-family residential development consisting of four (4) or fewer ]ots or asingle-family residential strip development where the developer offers for sale or lease without land improvements, and the project is not part of a larger common plan of development or sale, the project site owner shall develop a se[ ofconstruc[ion plans containing storm water quality measures that achieve the minimum project site requirements specified in section 7 of this rule. The construction plan must include the following: (1) Project narrative and supporting documents, including [he following information: (A) An index indicating the location, in the construction plans, of al] required items in [his subsection. (B) Description of the nature and purpose of the project. (C) Legal description of the project site. The description should be to the nearest quarter section, township, and range, and include the civil township. (D) Soil properties, characteristics, limitations, and hazazds associated with the project site and the measures that will be integrated into the project to overcome or minimize adverse soil conditions. (E) Hydrologic Unit Code (14 Digit) available from the United States Geological Survey (USGS). (F) Identification of any other state or federal permits [hat are required for construction activities associated with [he project site owner's project site. (2) Vicinity map depicting the project site location in relationship to recognizable local landmarks, towns, and major roads, such as a USGS topographic quadrangle map or county or municipal road map. (3) A project site layout that must include the following information: (A) Location and name of all wetlands, lakes, and water courses on or adjacent to the project site. (B) Location of all existing structures on the project site (if applicable). (C) One hundred (100) year floodplains, floodway fringes, and floodways. Please note if none exists. (D) Soil map of the predominant soil types, as determined by [he United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) Soil Survey, or an equivalent publication, or as determined by a soil scientist. A soil legend must be included with the soil map. (E) Identification and delineation of vegetative cover, such as grass, weeds, brush, and trees, on the project site. (F) Land use of all adjacent properties. (G) Existing and proposed topography at a contour interval appropriate to indicate drainage patterns. (H) Location of all proposed site improvements, including roads, utilities, lot delineation and identification, and proposed structures. (4) A storm water pol lotion prevention plan associated with construction activities. The plan must be designed to, at least, meet the requirements of sections 7 and 7.5 of [his rule and must include [he following: (A) Delineation of all proposed land disturbing activities, including off-site activities that will provide services to the project site. (B)-Location of all soil stockpiles and borrow areas. Indiana Administrative Code Page 18 -' ~..., ;• NPDES GENERAL PERMIT RULE PROGRAM (C) Location, size, and dimensions ofall storm water drainage systems, such as culverts, storm sewers, and conveyance channels. (D) Locations where storm water maybe directly discharged into ground water, such as abandoned wells or sinkholes. Please note if none exist. (E) Locations of specific points where storm water dischazge will leave the project site. (F) Name of all receiving waters. If the discharge is to a separate municipal storm sewer, identify the name of the municipal operator and the ultimate receiving water. (G) Location, dimensions, detailed specifications, and construction details of all temporary and permanent storm water quality measures. (H) Temporary stabilization plans and sequence of implementation of storm water quality measures. (I) Temporary and permanent stabilization plans shall include the following: (i) Specifications and application rates for soil amendments and seed mixtures. (ii) The type and application rate for anchored mulch. (J) Self-monitoring program plan and procedures. (c) The SWCD or the DNR-DSC representative or other designated entiTy may upon finding reasonable cause require modification to the construction plan if it is determined that changes are necessary due to site conditions or project design changes. Revised plans, if requested, must be submitted to the appropriate entity within twenty-one (21) calendar days of a request for a modification. (Water Pollution Control Board; 327IAC I S-S-t%5; filed Oct 27, 2003, 10:15 a. m.: 277R 838; errata filed Feb 4, 2004, 1: 45 p. m.: 27IR2284; readopted filed Nov 21, 2007, 1: 16 p. m.: 2007/219-/R-327070553BFA) 327 IAC 15-5-7 General requirements for storm water quality control Authority: TC 13-148; IC 13-IS-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-IZ-3-1; IC 13-18-t • Sec. 7. (a) All storm water quality measures and erosion and sediment controls necessary to comply with this rule must be implemented in accordance with the construction plan and sufficient to satisfy subsection (b). (b) A project site owner shall, at leas[, meet the following requirements: (I) Sediment-laden water which otherwise would flow from the project site shall be treated by erosion and sediment control measures appropriate to minimize sedimentation. (2) Appropriate measures shall be implemented to minimize or eliminate wastes or unused building materials, including garbage, debris, cleaning wastes, wastewater, concrete truck washout, and other substances from being carried from a project site by run-off or wind. Identification of areas where concrete track washout is permissible must be clearly posted at appropriate areas of the site. Wastes and unused building materials shall be managed and disposed of in accordance with all applicable statutes and regulations. (3) A stable construction site access shall be provided at all points of construction traffic ingress and egress to the project site. (4) Public or private roadways shall be kept cleared of accumulated sediment that is a result of run-off or tracking. Bulk cleazing of sediment shall not include flushing the area with water. Cleared sediment shall be redistributed or disposed of in a manner that is in accordance with all applicable statutes and regulations. (5) Storm water run-off leaving a project site must be discharged in a manner that is consistent with applicable state or federal law. (0) The project site owner shall post a notice neaz the main entrance of the project site. For linear project sites, such as a pipeline or highway, the notice must be placed in a publicly accessible location near the project field office. The notice must be maintained in a legible condition and contain the following information: (A) Copy of the completed NOI letter and the NPDES permit number, where applicable. (B) Name, company name, telephone number, a-mail address (if available), and address of the project site owner or a local contact person. (C) Location of the construction plan if the project site does not have an on-site location to store the plan. (7) This permit and posting of the notice under subdivision (6) does not provide the public with any right to trespass on a project site for any reason, nor does it require that the project site owner allow members ofthe public access to the project site. (8) The storm water pollution prevention plan shall serve as a guideline for storm water quality, but should not be interpreted to be the only basis for implementation of storm water quality measures for a project site. The project site owner is responsible • Indiana Administrative Code Page 19 ~. "NPDES GENERAL PERMIT RULE PROGRAM for implementing, in accordance with this rule, all measures necessary [o adequately prevent polluted storm water run-off. (9) The project site owner shall inform all general contractors, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of this rule and the conditions and standards of the storrn water pollution prevention plan and the schedule for proposed implementation. (I O) Phasing of construction activities shall be used, where possible, to minimize disturbance of large areas. (i l) Appropriate measures shall be planned and installed as part of an erosion and sediment control system. (12) All storm water quality measures must be designed and installed under the guidance of a trained individual. (13) Collected run-off leaving a project site must be either discharged directly into awell-defined, stable receiving channel or diffused and released to adjacent property without causing an erosion or pollutant problem to the adjacent property owner. (14) Drainage channels andswales must be designed and adequately protected so that [heir final gradients and resultant velocities will not cause erosion in the receiving channel or at [he outlet. (15) Natrual features, including wetlands and sinkholes, shall be protected from pollutants associated with storm water run-off. (16) Unvegetated areas that aze scheduled or likely to be left inactive for fifteen (15) days or more must be temporarily or permanently stabilized with measures appropriate for the season to minimize erosion potential. Alternative measures to site stabilization are acceptable if the project site owner or their representative can demonstrnte they have implemented erosion and sediment control measures adequate to prevent sediment discharge. Vegetated areas with a density of less than seventy percent (70%) shall be restabilized using appropriate methods to minimize the erosion potential. (17) During the period of construction activities, all storm water quality measures necessary to meet the requirements of this t+Ile shall be maintained in working order. (18) Aself-monitoring program that includes the following must be implemented: (A) A Vained individual shall perform a written evaluation of the project site: (i) by the end of the next business day following each measurable storm even; and (ii) at a minimum of one (1) time per week. (B) The evaluation must: (i) address the maintenance ofexisting storm water quality measures to ensure they are functioning properly; and (ii) identify additional measures necessary to remain in compliance with al] applicable statutes and rules. (C) Written evaluation reports must include: (i) the name of the individual performing the evaluation; (ii) the date of the evaluation; (iii) problems idenfified at the project site; and (iv) details of corrective actions recommended and completed. (D) All evaluation reports for the project site must be made available to the inspecting authority within forty-eight (48) hours of a request. (19) Proper storage and handling of materials, such as fuels or hazardous wastes, and spill prevention and clean-up measures shall be implemented to minimize the potential for pollutants to contaminate surface or ground water or degrade soil quality. (20) Final stabilization of a project site is achieved when: (A) al] land disturbing activities have been completed and a uniform (for example, evenly distributed, without large bare areas) perenuialvegetativecover with adensity of seventy percent (70%) has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; and (B) construction projects on land used for agricultural purposes are returned to its preconstruction agricultural use or disturbed areas, not previously used for agricultural production, such as filter strips and areas that are no[ being returned to their preconstruction agricultural use, meet the final stabilization requirements in clause (A). (Water Pollution ControlBoard,~ 3277AC I5-5-7; filed Aug 31, 1992, S.~OOp.m.: /67R24; readoptedfiledJan 10, 2001, 3:23p.m.:24 IR 1518: filed Oct 27, 2003, 10:15 a.m.: 27lR 840; errata filed Feb 4, 2004, 1:45 p. m.: 2778 2284; readopted filed Nov 21, 2007, 1:16 p. m.: 2007/279-IR-327070553BFA) 327 IAC 15-5-7.5 General requirements for individual building lots within a permitted project Authority: IC 13-14-8; IC 13-15-I-2; IC 13-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-12-3-1; IC 13-18-1 ' Indiana Administrative Code Page 20 - (((F?- ~_. NPDES GENERAL PERMIT RULE PROGRAM Sec. 7.5. (a) AI t storm water quality measures, including erosion and sedimentcontrol, necessary to comply with this rule must be implemented in accordance with the plan and sufficient to satisfy subsection (b). (b) Provisions for erosion and sediment control on individual building lots regulated anderthe original permit ofa project site owner must include the following requirements: (1) The individual lot operator, whether owning the property or acting as the agent of [he property owner, shall be responsible for erosion and sediment control requirements associated with activities on individual lots. (2) Installation and maintenance of a stable construction site access. (3) Installation and maintenance of appropriate perimeter erosion and sediment control measures prior to land disturbance. (4) Sediment discharge and tracking from each lot must be minimized throughout the land disturbing activities on the lot until permanent stabilization has been achieved. (5) Clean-up of sediment that is eithec tracked or washed onto roads. Bulk cleazing of sediment shall not include flushing the area with water. Cleazed sediment must be redistributed or disposed of in a manner that is incompliance with all applicable statutes and rules. (6) Adjacent ]ots disturbed by an individual lot operator must be repaired and stabilized with temporary or permanent surface stabilization. (7) For individual residential ]ots, final stabilization meeting the criteria in section 7(b)(20) ofthis rule will be achieved when the individual lot operator: (A) completes final stabilization; or (B) has installed appropriate erosion and sediment control measures for an individual lot prior to occupation ofthe home by the homeowner and has informed the homeowner of the requirement for, and benefits of, final stabilization. (Water Pollution Control Board; 327IAC 15-5-1.5; filed Oct 27, 2003, 10:15 a.m.: 271R 843; readopted filed Nov 21, 2007, 1:16 p. m.: 20071219-IR-3270705538FA) 327IAC IS-5-8 Project termination • Authority: IC 13-14-8; IC 13-IS-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-12-3-1; IC 13-18-1 Sec. 8. (a) The project site owner shall plan an orderly and timely termination of the construction activities, including the implementation of storm water quality measures that are [o remain on the project site. (b) The project site owner shall submit a notice oftermination (NOT) letter to the commissioner and a copy to the appropriate SWCD or other designated entity in accordance with the following: (I) Except as provided in subdivision (2), the project site owner shall submit an NOT letter when the following conditions have been me[: (A) All land disturbing activities, including construction on all building lots, have been completed and the entire site has been stabilized. (B) All temporary erosion and sediment control measures have been removed. The NOT letter must contain a verified statement that each of the conditions in this subdivision has been met. (2) The project site owner may submit an NOT letter to obtain early release from compliance with this rule if the following conditions aze met: (A) The remaining, undeveloped acreage does not exceed five (5) acres, with contiguous azeas not to exceed one (1) acre. (B) A map ofthe project site, clearly identifying all remaining undeveloped lots, is attached [o the NOT letter. The map must be accompanied by a list of names and addresses of individual lo[ owners or individual lot operators of all undeveloped lots. (C) All public and common improvements, including infrastructure, have been completed and permanently stabilized and have been transferred to the appropriate local entity. (D) The remaining acreage does not pose a significant threat to the integrity of the infrastructure, adjacent properties, or water quality. (E) All permanent storm water quality measures have been implemented and aze operational. (c) Following acceptance of the NOT letter and written approval from the departrnent for early release under subsection (b), the project site owner shall notify all current individual lot owners and all subsequent individual lot owners of the remaining . Indiana Administrntive Code Page 21 ~, NPDES GENERAL PERMIT RULE PROGRAM - undeveloped acreage and acreage with construction activity [hat they are responsible for complying with section 7.5 ofthis rule. The remaining individual lot owners do not need to submit anNOI letter orNOT letter. The notice must contain a verified statement that each of the conditions in subsection (b)(2) have been me[. The notice must also inform the individual lot owners of the requirements to: (1) install and maintain appropriate measures to prevent sediment from leaving the individual building lot; and (2) maintain all erosion and sediment control measures that aze to remain on-site as part of the construction plan. (d) The S W CD, DNR-DSC, other entity designated by the department or a regulated MS4 entity, orthe department may inspect the project site to evaluate the adequacy of the remaining storm water quality measures and compliance with the NOT letter requirements. If the inspecting entity finds that the project site owner has sufficiently filed an NOT letter, the entity shall forward notification to the department. Upon receipt of the verified NOT letter by the department and receipt of written approval from the department, the project site owner shall no longer be responsible for compliance with this rule. (e) After averified NOT letter has been submitted for aproject site, maintenance ofthe remaining storm water quality measures shall be the responsibility of the individual lot owner or occupier ofthe property. (Water Pollution Contro[Board: 327IAC 15-5-8; - filed Aug 3!, 1992, 5:00 p.m.: 16IR 25; readopted filed Jan 10, 2001, 3:23 p.m.: 247R 1518; filed Oct 27, 2003, 10:75 a.m.: 271R 843: readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-3270705538FA) 327IAC 15-5-9 Standard conditions Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-IO-1 Affected: IC 13-1-3; IC 13-7 Sec. 9. The standard conditions forNPDES general permit roles under 327IAC 15-4 shall apply [o this rule. (Water Pollution Control Board; 327IAC IS-5-9; filed Aug 31, 1992, 5:00 p. m.: 16IR 26; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1578; readoptedfi[edNav21, 2007, l:16p.m.: 20071219-IR-327070553BFA) 327 IAC 155-10 Inspection and enforcement • Authority: IC 13-13-5-2; IC ] 3-IS-1-2; IC 13-IS-21; IC ] 3-18-3-1; IC 13-] 8-3-2; IC 13-18-3-3; IC 13-18-3-13; IC 13.18-4- I;IC 13-18-4-3 Affected: IC 13-14-IO;IC 13-15-7; IC 13-18-3; IC 13-18-4; IC 13-30 Sec. 10. (a) The department or its designated representative may inspect any project site involved in construction activities regulated by this rule at reasonable times. The deparunent or its designated representatives may make recommendations tothe project site owner or their representative to install appropriate measures beyond those specified in the storm water pollution prevention plan to achieve compliance. (b) Al] persons engaging in construction activities on a project site shall be responsible for complying with the storm water pollution prevention plan and the provisions ofthis rule. (c) The department shall investigate potential violations ofthis rule to determine which person may be responsible for the violation. The department shall, if appropriate, consider public records of ownership, building permits issued by local units of government, and other relevant information, which may include site inspections, storm watecpollution prevention plans, notices of intent, and other information related to [he specific facts and circumstances of the potential violation. Any person causing or contributing to a violation of any provisions of this rule shall be subject to enforcement and penalty under IC 13-14-1Q, IC 13-I S-7, and IC ]3-30. (d) If remaining storm water quality measures are not properly maintained by [he person occupying or owning the property, the department may pursue enforcement against that person for correction of deficiencies under 327 IAC I5-1-4. (e) Construction plans and supporting documentation associated with the quality assurance plan must be made available to [hedepartmen[oritsdesignatedrepresentativeswithinforty-eigh[(48)hoursofsucharequest.(Water Pollution Control Board; 327 IAC IS-S-10; filed Aug 3l, 1992, S:OOp.m.: 16IR26; filed Mar 23, 2000, 4: /Sp.m.: 237Rl912; readoptedfiledJan 10, 2001, 3:23 p. m.: 247R 1518; filed Oct 27, 2003, 10:15 a. m.: 27IR 844; readoptedfiled Nov Zl, 2007, 1:16p.m.: 2007!219-IR-327070553BFA) 327 IAC 155-11 Notification of completion (Repealed) Sec. 1 L (Repealed by Water Pollution Control Board, filed Oct 27, 2003, 10:1 S a. m.: 27 /R 863) Indiana Administrative Code Page 22 •.. €",. <..,~ NPDES GENERAL PERMIT RULE PROGRAM 327 IAC IS-5-12 Duration of coverage Authority: IC 13-14-8; IC 13-1 S-]-2; IC 33-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-I2-3-1; IC 13-t8-1 Sec. 12. (a) A permit issued underthis rule is grnnted by the commissioner for aperiod of five (5) years from the date coverage commences. (b) Once the five (5) yeaz permit term duration is reached, a general permit issued under this rule will be considered expired, and, as necessary for construction activity continuation, a newNOl le[[erwould need to be submitted in accordance with subsection (c) (c) To obtain renewal of coverage under this rule, the information required under sections 5 and 6 of [his rule must be submitted to the commissioner ninety (90) days prior to the termination of coverage under this NPDES general permit rule, unless the commissioner determines that a later date is acceptable. Coverage under renewal NOI letters will begin on the date of expiration from [he previous five (5) year permit term. (Water Pollution Control Board; 327 /.4C 15-5-l2; filed Oct 27, 2003, 70:15 a. m.: Z77R 844; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA) Rule 6. Storm Water Discharges Exposed to Industrial Activity 327 IAC 15-6-1 Purpose Authority: IC 13-148; IC 13-15-1-2; IC 13-IS-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-12-3-i;IC 13-18-I Sec. 1. The purpose of this rule is [o establish requirements for storm water discharges exposed to industrial activity that are composed entirely of storm water and allowable nonstonn water so that [he public health, existing water uses, and aquatic biota are protected. (Water PollutionContralBoard; 327/ACIS-6-I; filed Aug 3l, 1992, S:OOp.m.: 167R26; readoptedfiledJan 10, 2001, 3:23 p. m.: 24 IR 1518; fried Oct 27, 2003, 10:15 a.m.: 27 !R 845; readopted filed Nov Zl, 2007, /:16 p.m.: 20077219-IR- 327070553BFAJ 327 IAC 15-6-2 Applicability of the general permit rule for storm water discharges exposed to industrial activity Authority: IC 13-148; IC 13-15-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 4-21.S;IC 13-12-3-1; IC 13-18-1 Sec. 2. (a) Except as provided in subsections (c) through (j), [he requirements under [his rule apply to all facilities that meet the following requirements: (1) Are not prohibited from regulation under a NPDES general permit rule under 327 IAC IS-2-6. (2) Meet the NPDES general permit rule applicability requirements under 327 IAC 15-2-3. (3) Have no[ received a conditional no exposure exclusion from storm water permitting under section 12 of this rule. (4) Have a new or existing point source discharge composed entirely of sfonnwater and the following allowable nonstorm water discharges exposed to industrial activity: - (A)Discharges from f refighting activities. (B) Fire hydrant flushings. (C) Potable water sources, including waterline flushings. (D) Irrigation drainage. (E) Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in accordance with manufacturer's instmctions. (F) Routine external building washdown that does not use detergents. (G) Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred, unless all spilled material has been removed, and where detergents are not used. (H) Uncontaminated ground water or spring water. (I) Foundation or footing drains where flows are not contaminated with process materials, such as solvents. (J) Uncontaminated air conditioning or compressor condensate. (K) Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not Indiana Administrative Code Page 23 NPDES GENERAL PERMIT RULE PROGRAM intentional discharges from the cooling tower (for example, piped cooling tower blowdown or drains). (L) Vehicle washwa[ers where uncontaminated water, without detergents or solvents, is utilized. (M) Run-ofPfrom the use of dust suppressants approved for use by other program areas within the department. Allowable nonstorm water discharges described underthis subdivision may be allowed underthis rule provided they have not been identified by the permittee or commissioner as a significant contributor of pollutants to a water of the state. If an allowable nonstorm water discharge is determined to be a significant contributor of pollutants to a water of the state an individual wastewater permit may be required for the dischazge. (5) Have industrial activities classified by one (1) or more of the following categories: (A) Facilities classified under [he following SIC codes: (i) 20 (food and kindred products). (ii) 21 (tobacco products). (iii) 22 (textile mill products). (iv) 23 (apparel and other textile products). _ (v) 24 (lumber and wood products). (vi) 25 (fumi[ure and fixtures). (vii) 26 (paper and allied products). (viii) 27 (printing and publishing). (ix) 28 (chemicals and allied products). (x) 29 (petroleum and coal products). (xi) 30 (rubber and miscellaneous plastic products). (xii) 3l (leather and leather products). (xiii) 32 (stone, clay, and glass products). (xiv) 33 (primary metal industries). (xv) 34 (fabricated metal products). (xvi) 35 (industrial machinery and equipment). • (xvii) 36 (electronic and other electric equipment). (xviii) 37 (transportation equipment). (xix) 38 (instruments and related products). (xx) 39 (miscellaneous manufacturing industries). (B) Except for those facilities identified in subsection (e), mining operations classified under the following SIC codes: (i) ]0 (metal mining).. (ii) 13 (oil and gas extraction). (iii) 14 (nonmetallic minerals, except fuels). (C) Hazazdous waste treatment, storage, or disposal facilities, including those that aze operating under interim status or a permit under Subtitle C of the Resource Conservation and Recovery Act (RCRA), (42 U.S.C. 6921)* *. (D) Except for those facilities identified in subsection (t), landfills, (and application sites, open dumps, and transfer stations that receive, or have received, industrial process wastes, as defined in rules of the solid waste management boazd at 329 IAC 10-2-95, from any of the Types of facilities described under this subdivision. (E) Facilities involved in the recycling ofmaterials, including metal scrap yards, battery recfaimers, salvage yards, and automobile junkyards, including [hose classified under the following SIC codes: (i) 5015 (motor vehicles parts, used). (ii) 5093 (scrap and waste materials). (F) Steam electric power generating facilities except for those facilities identified in subsection (g). (G) Transportation facilities that have vehicle or aircraft maintenance (including vehicle or aircraft rehabilitation, mechanical repairs, painting, fueling, and lubrication); airport runway or aircraft deicing operations, or industrial equipment cleaning areas and are classified under the following SIC codes: (i) 40 (rnilroad transportation). (ii) 41 (local and interurban passenger transit). (iii) 42 (trucking and warehousing). (iv) 43 (United States Postal Service). (v) 44 (water transportation). Indiana Administrative Code Page 24 ~: NPDES GENERAL PERMIT RULE PROGRAM (vi) 45 (transportation by air). (H) Except for those facilities identified in subsections (i) and (j), treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to [he disposal of sewage sludge that are located within the confines of the facility, with a design flow of one million (1,000,000) gallons per day or more, or that are required to have an approved pretreatment program under 40 CFR 403***. (I) Distribution facilities limited to the portions of the facility that are involved in the material handling of agriculturnl chemicals (chemical fertilizers and pesticides) or are otherwise identified under this clause shall comply with the requirements of this rule if the following conditions are me[: (i) Have been notified by the department of a determination that the facility is subject to this rule because review of available information shows that: (AA) the facility had a dischage of a pollutant; or (BB) there is a likelihood of a discharge of a pollutant to waters of the state. A facility that has been notified by the department according [o this item that the facility is subject to this rule may exercise its right granted under IC 4-21.5. (ii) Are involved in the processing, transfer, or storage of agricultural chemicals (chemical fertilizers and pesticides), which meet any of the following storage capacity criteria: (AA) Fluid bulk fertilizer in undivided quantities in excess of either two thousand five hundred (2,500) gallons for one (1) vessel or seven thousand five hundred (7,500) gallons total for multiple vessels (3 2,500 gallon vessels) at a facility. (BB) Dry bulk fertilizer in undivided quantities exceeding twelve (12) tons. (CC) Liquid pesticide in undivided quantities in excess of four hundred (400) gallons. (DD) Dry pesticide in undivided quantities in excess ofone hundred (100) pounds and [hat is in solid form prior to any application or mixing for application and includes formulations, such as dusts, wettable • powders, dry flowable powders, and granules. (J) Facilities engaged in selling fuel or lubricating oils to the trucking industry, where the facility has on-site vehicle maintenance activities, serves as a truck stop or plaza, and are classified as SIC code 5541 (gasoline service stations). Truck stops and plazas [hat do no[ have vehicle maintenance activities and gasoline dispensing facilities, such as automofive service stations, convenience stores, and marinas, are not required to comply with this rule. (b) When a facility, meeting the applicability requirements of subsection (a), is owned by one (1) person but the regulated industrial activity is conducted by another person, it is the duty of the person conducting the regulated industrial activity to apply for a permit under [his rule. (c) A facility classified in one (I) of the following subcategories of facilities that has storm water effluent guidelines for at least one (1) of its subcategories, in effect on February ]2, 1992, shall apply for an individual NPDES storm water permit: (1) Cement manufacturing (40 CFR 41 t). (2) Feedlots (40 CFR 412). (3) Fertilizer manufacturing (40 CFR 418). (4) Petroleum refining (40 CFR 419). (5) Phosphate manufacturing (40 CFR 422). (6) Steam electric power generation (40 CFR 423). (7) Coal mining (40 CFR 434). (8) Mineral mining and processing (40 CFR 436). (9) Ore mining and dressing (40 CFR 440). (10) Asphalt (40 CFR 443). (d) A facility subject to storm water effluent limitation guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Chapter I, Subchapter N* shall apply for an individual NPDES storm water permit. (e) A sand, gravel, or dimension stone facility classified under SIC code 14 is not subject to this rule if: (1) it is regulated under a general permit issued under 327 IAC I5-12; and (2) all the regulated facility's storm water discharges are addressed by the genernl permit issued under 327 IAC 15-12. (f) A landfill is not subject to this rule if it has satisfied one (1) or more of the following conditions: (1) Has completed landfill closure approved by the department. Indiana Administrative Code Page 25 NPDES GENERAL PERMIT RULE PROGRAM ~ - (2) Is regulated under an individual municipal solid waste landfill permit that: (A) is issued according [0 329 IAC 10; and (B) includes requirements for addressing the quality of storm water run-off. (g) Steam electric power generating facilities that are involved in [he processing, handling, or storage of coal and associated byproducts are not subject to this mle and must apply for an individual NPDES storm water permit. (h) Transportation facilities identified by STC code 5171 (petroleum bulk stations and terminals) aze not subject to this mle and shall, if facility conditions meet the rule applicability requirements, obtain permit coverage under 327 IAC I S-9. (i) Municipal treatment works are not subject to this mle if the treatment works meet the following conditions: (I) Treat domestic sewage or any other sewage sludge or wastewater. (2) Have a design flow equal to or greater than one million (1,000,000) gallons per day. (3) Are considered part of a municipality regulated under 327 IAC 15-13. (4) Are adequately covered under the requirements of 327 IAC IS-13-17. (j) Farmland, domestic gardens, or ]and used for sludge management is no[ subject to this rule if the following conditions are met: (1) Sludge is beneficially reused. (2) The land is not physically located within: (A) the confines of a municipal treatment works facility; or (B) areas that are in compliance with Section 405 of the Clean Water Act (33 U.S.C. 1345)* ** *. * Copies of the Code of Federal Regu]ations (CFR) 40 CFR Chapter I, SubchapterN referenced in this section may be obtained from the Govemment Printing Office, Washington, D.C. 20402 or the Indiana Departrnen[ofEnvironmental Management, Office of W ater Quality, Indiana Govemment Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204. **Copies of the Subtitle C of the Resource Conservation and Recovery Ac[ (RCRA), (42 U.S.C. 6921) referenced in this section may be obtained from the Govemment Printing Office, Washington, D.C. 20402 orthe Indiana Department ofEnvironmental Management, Office of Water Quality, Indiana Govemment Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, • Indiana 46204. ***Copies of the Code of Federal Regulations (CFR) 40 CFR 403 referenced in this section may be obtained from the Government Printing Otlice, Washington, D.C. 20402 or the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204. ****Copies of Section 405 of the Clean Water Ac[ (33 U.S.C. 1345) referenced in this section may be obtained from the Govemment Printing Office, Washington, D.C. 20402 or the Indiana Departrnent ofEnvironmental Management, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Room Nt 255, Indianapolis, Indiana 46204. (Water Pollution Control Board; 327/AC 15-6-2; filed Aug 31, 1992, 5:00 p.m.: 167R 26; errata, 167R 751; readopted fi7edJan 10, 2001, 3:23 p. m.: 241R 1518; filed Oct 27, 2003, l0.~15 a. m.: 271R 845; errata filed Feb 4, 2004, 1:45 p.m.: 277R 2284; errata filed Feb 6, 2006, 11:15 a. m.; 29IR 1938; readopted filed Nov 2/, 2007, 1:16p.m.: 2007!219-lR-327070553BFA) 327IAC 15-6-3 General permit rule boundary Authority: IC 13-1-3-4; IC 13-I-3-7; IC 13-7-7; IC 13-7-10-( Affected: IC 13-1-3-L5; IC 13-7-1 Sec. 3. Facilities existing within [he boundaries of the state of Indiana affected by this rule are regulated under this mle. (Water Pollution Control Board, 327IAC IS-ri-3; filed Aug 3!, 1992, 5:00 p.m.: 161R 26; readopted filed Jan 10, 200/, 3:23 p.m.: 24IR 1518; readopted filed Nov 21, 2007, 1: 16 p. m.: 20071219-IR-327070553BFA) 327IAC 15-6-4 Definitions Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-II-2; IC 13-12-3-1; IC 13-18-I Sec. 4. In addition to the definitions contained in IC 13-11-2, 327IAC 5, and 327IAC I5-1-2, the following definitions apply throughout this mle: (I) "Best management practices" or "BMPs" means any of the following measures to prevent or reduce the pollution ofwaters of the state: Indiana Administrative Code Page 26 • .,. NPDES GENERAL PERMIT RULE PROGRAM (A) Schedules of activities. (B) Prohibitions of practice. (C) Treatment requirements. (D) Operation and maintenance procedures. (E) Use of containment facilities. (F) Other management practices. BMPs may be employed, for example, [o control plant site run-off, spillage orleaks, sludge or waste disposal, or drainage from raw materials storage, resulting from regulated industrial activities. (2) "Commissioner" refers to the commissioner of the department. (3) "Concentration" means [he mass of any given material present in a unit volume of liquid. Unless otherwise indicated under this rule, concentration values must be expressed in milligrams per liter. (4) "Deicing operations" means the use of urea, glycol, or other deicing substances [o remove ice from aircraft or runways. (5) "DepartmenC' refers to [he department of environmental management. (6) "Discharge of a pollutant" has the meaning set forth in 327 IACS-1.5-I 1, (7) "Drainage" means the flow patterns of storm water run-off. (8) "Drainage area" means [he surface area draining stone water run-off. (9) "Facility" means a parcel of land or site, together with all buildings, equipment, structures, and other stationary items that are: (A) located on a single site or on contiguous or adjacent sites; and (B) owned or operated by: (i) the same person; or (ii) any person [hat controls, is controlled by, or is under common control with the same person. (IO) "Good housekeeping" means maintaining a clean work environment to reduce or eliminate the potential mobilization of pollutants by storm water. (11) "Impervious surface" means any surface that prevents stone water from readily infiltrating into the soils. (12) "Individual NPDES petmit" means a NPDES permit issued by [he commissioner under 327IAC 5 to a single facility that contains requirements specific to that individual facility. (13) "Injection well" means any hole that is deeper than it is wide and through which fluids can enter the ground water. Injection wells are regulated under 40 CFR 145 and 40 CFR 144. (14) "Material handling activity" means the storage, loading and unloading, transportation, or conveyance ofany raw material, intermediate product, finished product, byproduct, or waste produa. (I S) "Measurable storm event" means a precipitation even[ which results in a total measured precipitation accumulation equal tq or greater than, one-tenth (0.1) inch of rainfall. (16) "Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains that is: (A) owned or operated by a federal entity or state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) havingjurisdiction over storm water, including special districts under state law; such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under Section 208 ofthe Clean WaterAc[ (33 U.S.C. 1288)* that discharges into waters of [he state; (B) designed or used for collecting or conveying storm water, (C) not a combined sewer; and (D) not part of a publicly owned treatment works (POTW) as defined in 40 CFR 122.2**. (17) "No exposure" means a condition of a facility that exists when all industrial materials and activities are protected by a storm-resistant shelter to prevent exposure to precipitation or run-off. Q8) "Nonstructural control measure" means the use of nonphysical best management practices to reduce or eliminate mobilization of pollutants by storm water (for example, sweeping, inspections, training, and preventative maintenance). (19) "Notice of intent letter" or "NOI letter" means a written notification indicating a facility's intention to comply with the terms of this rule in lieu of applying for an individual NPDES permit. An NOI letter includes information required under section 5 of this rule. (20) "Notice of termination letter" or "NOT letter" means a written notification indicating that facility has met the conditions Indiana Administrative Code Page 27 ~: NPDES GENERAL PERMIT RULE PROGRAM to terminate its permit coverage under this rule. (21) "Outfall" means the point of discharge from a point source. (22) "Pervious surface" means a ground surface that readily allows storm water [o infiltrate or percolate into [he soils. (23) "Point source" has the meaning se[ forth in 327 IAC 5-1.5-40. (24) "Qualified professional" means an individual who is trained and experienced in storm water treatment techniques and related fields as may be demonstrated by state registration, professional certification, experience, or completion ofcoursework that enable [he individual to make sound, professional judgments regarding storm water control or treatment and monitoring, pollutant fate and transport, and drainage planning. (25) "Qualified storm event" means a discharge resulting from a measurable storm event a[ least seventy-two (72) hours after the previous measurable storm event. The term does not include discharges of snowmelt. (26) "Risk identification" means a nonstatistical assessment to determine the potential for storm water to be exposed to pollutants and the facility's subsequent need for additional protection practices and measures. (27) "Secondary containment structure" means a structure or a part of a structure thatprevents or impedes a hazardous material that is released accidentally from entering surface water or ground water. (28) "SIC code" means the four (4) digit s[andazd industrial classification code applicable to a particular industrial activity in accordance with the Standard Industrial Classification Manual published by the Office of Management and Budget of the Executive Office of the President of the United Stales. (29) "Storm water discharge" means the release or flow of storm water from a point source, which enters a water of the state. (30) "Storm water dischazge exposed to industrial activity" means storm water discharge that has been exposed to the manufacturing and processing activities, or raw materials or intermediate products storage areas at an industrial facility. For the categories of industries identified in section 2(a)(5) of this rule, the term includes the following: (A) Storm water discharges from industrial plant yazds. (B) Immediate access roads and rail lines used or traveled by tamers of raw materials, manufactured products, waste material, or byproducts used or created by the facility. (C) Material handling sites. (D) Refuse sites. (E) Sites used for the application or disposal of process wastewaters (as defined in 40 CFR 401). (F) Sites used for the storage and maintenance of material handling equipment. (G) Sites used for residual treatment, storage, or disposal. (IT) Shipping and receiving areas. (I) Manufacturing buildings. (J) Storage areas (including tank farms) for raw materials and intermediate and finished products. (K) Areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. (31) "Storm water pollution prevention p]an" or "SWP3" means a written document that addresses storm water run-off pollution prevention for a specific industrial facility. (32) "StrucWral control measure" means a physical structure designed to reduce or eliminate the mobilization of pollutants by storm water, for example, detention structures, berming, and vegetated swales. *Copies of Section 208 of the Clean Water Act (33 U.S.C. 1288) referenced in this section may be obtained from the Government Printing Office, Washington, D,C. 20402 or the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204. **Copies of the Code of Federal Regulations (CFR) 40 CFR 122.2 referenced in this section may be obtained from the Govemment Printing Office, Washington, D.C. 20402 or the Indiana Department of Environmental Management, Office of Water Quality, Indiana Govemment Center-North, 100 North Senate Avenue, Room N 1255, Indianapolis, Indiana 46204. (Water Pollution Control Board; 3277AC IS-6-4; filed Aug 31, 1992, 5:00 p.m.: 16 /R 27; errata filed Sep 10, 1992, 12:00 p.m.: 16 /R 65; errata, l6IR 751; readopted filed Jan 10, 2001, 3:23 p. m.: 24IR 1518; filed Oct 27, 2003, ]0:1 S a. m.: 27IR 848; errata filed Feb 4, 2004, 1:45 p.m.: 27lR 2284; errata filed Feb 6, 2006, 11:15 a.m.: 29IR /938; readopted fried Nov 27, 2007, 1:16 p.m.: 2007!2!9-IR- 327070553BFA) Indiana Administrative Code Page 28 • NPDES GENERAL PERMIT RULE PROGRAM 327 IAC i5-6-5 Additional NOI letter requirements Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-12-3-I; IC 13-18-I Sec. 5. In addition to [he NOI letter requirements under 327IAC 15-3, the following information must be submitted with the NOI letter under this rule: (l) Name of responsible corporate officer or written authorization for an alternate individual or position to act as the duly authorized representative for that individual, if appropriate, who will be responsible for all signatory responsibilities for the facility under 327 IAC 15-4-3(g). (2) Name and contact information of the individual who can provide assistance with information pertaining to the facility's permit (3) A brief narrative description of the industrial processes performed at the facility. (4) Identification of the number and location of each outfall where storm water exposed to industrial activity discharges to a water ofthe state, including a narrative description ofthe industrial activity associated with the drainage azea of each identified outfall. (5) Identification of substantially similar outfalls of s[omt water identified in subdivision (4) and the outfall to be monitored as representative of all such discharges. Include an explanation of the rationale used to identify why certain outfalls are similar. (6) The identification of past and present NPDES permits, if applicable. (7) The identification of the regulated MS4 entity receiving the stomt water discharge, if applicable. (8) Proof of publication of [he following statement in [he newspaper of largest circulation in the area of the discharge: "(Facility name, address, address of [he location of the discharging facility, and [he stream(s) receiving the discharge(s)) is submitting an NOI letter to notify the Indiana Department of Environmental Management of our intent to comply with the requirements under 327 [AC 15-6 to discharge storm water exposed to industrial activities.". (Water Pollution Control Board; 327IAC I5-6-5; filed Aug 37, 1992, 5: 00 p. m.: 167R 28; readopted filed Jan 1 Q 2001, 3:23 p. m.: 24IR 1518; filed Oct 27, 2003, 10:15 a. m.: 27IR 851; readopted feted Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA) `•~ 327IAC IS-ti-6 Deadline for submittal of an NOI letter; additional information Authority: IC 13-148; IC 13-15-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-12-3-1; IC 13-18-1 Sec. 6. Al] information required under 327 IAC IS-3 and section 5 ofthis rule shall be submitted to the commissioner in accordance with 327IAC I5-3-3. For newly constructed industrial facilities, theNOI letter shall be submitted ninety (90) days prior to start up of industrial operations. For existing industrial facilities regulated by this rule, the NOI letter must be submitted in accordance with 327 IAC 15-2-9. For existing industrial facilities that have no[ been regulated by this rule but now meet the applicability requirements ofthis rule, the NOI letter must be submitted within ninety (90) days of the effective date ofthis rule unless permission for a later date has been granted by the commissioner. (WaterPol[utionControl Board; 327IAC I5-6-6; filedAug 31, 1992, 5:00 p. m.: 16 /B 28; readopted fried Jan 10, 2001. 3:23 p. m.: 24 /R 1518; filed Oct 27, 2003, 10:15 a.m.: 27IR 851; readoptedfi7ed Nov 21, 2007, 1:16 p. m.: 20071219-Ift-327070553BFA) 327 IAC 15-6-7 General requirements for a storm water pollution prevention plan (SWP3) Authority: IC 13-14-8; IC 13-IS-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-12-3-1; IC 13-18-1 Sec. 7. (a) The person having financial responsibility or operational control for a facility regulated under this rule shall develop implement, update, and maintain a SWP3 that: (1) identifies potential sources of pollution that may reasonably be expected to affect the quality of storm water discharges exposed to industrial activity from the facility; (2) describes practices and measures to be used in reducing the potential for pollutants [o be exposed to storm water; (3) assures compliance with the terms and conditions ofthis rule; (4) lists, by position title, the member or members ofa facility storm water pollution prevention team, who will be responsible for developing the storm water pollution prevention plan and assisting the facility or plant manager in its implementation, • IndianaAdminis[mtive Code - - Page 29 NPDES GENERAL PERMIT RULE PROGRAM ~; maintenance, and revision; and (5) cleazly identifies the responsibilities of each storm water pollution prevention team member. (b) The S W P3 must include a map and description of all areas of [he facility that generate storm water discharges exposed to industrial activity and have a reasonable potential for storm water to be exposed to pollutants. At a minimum, the plan shall contain the following: (1) A copy of [he complete NOI letter. (2) A soils map indicating the types of soils found on the facility property and showing the boundaries of the facility property outlined in a contrasting color. If a facility's property only has impervious surfaces, the soils map requirement can be omitted. (3) A graphical representation, such as aerial photographs or site layout maps, drawn to an appropriate scale, which contains a legend and compass coordinates, indicating, at a minimum, the following: (A) All on-site storm water drainage and discharge conveyances, which may include pipes, ditches, swales, and erosion channels, related [o a storm water discharge. (B) Known adjacent property drninage and discharge conveyances, ifdirec[ly associated with run-off from the facility. (C) Al] on-site and known adjacent property waterbodies, including wetlands and springs. (D) An outline of the drainage area for each storm water outfall. (E) An outline of the faci]ity property indicating directional flows, via arrows, of surface drainage patterns. (F) An outline of impervious surfaces, which includes pavement and buildings, and an estimate of the impervious and pervious surface square footage for each drainage area placed in a map legend. (G) On-site injection wells, as applicable. (H) On-site wells used as potable water sources, as applicable. (I) All existing structural control measures to reduce pollutants in storm water run-off. (J) All existing and historical underground or aboveground storage tank locations, as applicable. (K) Al] permanently designated plowed or dumped snow storage locations. (L) All loading and unloading areas for solid and liquid bulk materials. (M) All existing and historical outdoor storage areas for raw materials, in[etmediary products, final products, and waste materials. (N) All existing or historical outdoor storage areas for fuels, processing equipment, and other containerized materials, for example, in drums and totes. (O) Outdoor processing areas. (P) Dust or particulate generating process areas. (Q) Outdoor waste storage or disposal areas. (R) Pesticide or herbicide application areas. (S) Vehicular access roads. The on-site mapping of items listed in clauses (J) through (S) is required only in those areas that generate storm water discharges exposed to industrial activity and have a reasonable potential for storm water exposure to pollutants. The mapping of historical locations is only required if the historical locations have a reasonable potential for storm water exposure to historical pollutants. (4) An area map that indicates: (A) the topographic relief or similar elevations to determine surface drainage patterns; (B) the facility boundaries outlined in a contrasting color; (C) all receiving waters; and (D) all known drinking water wells; and includes, at a minimum, the features in clauses (A), (C), and (D)within aone-fourth (%) mile radius beyond the property boundaries of the facility. This map must be to scale and include legend and compass coordinates. (5) A narrative description of areas that generate storm water discharges exposed to industrial activity and have a reasonable potential for store water exposure to pollutants, including descriptions for any existing or historical areas listed in subdivision (3)(J) through (3)(S), and any other areas thought to generate stone water discharges exposed [o industrial activity and be a reasonable potential source of storm water exposure to pollutants. The narrative descriptions for each identified azea must include the following: (A) Type and typicai quantity of materials present in the area. (B) Methods of storage, including presence of any secondary containment measures. Indiana Administrative Code Page 30 !'- NPDES GENERAL PERMIT RULE PROGRAM (C) Any remedial actions undertaken in the area to eliminate pollutant sources or exposure of storm water to those sources. If a corzective action plan was developed, the type of remedial action and plan date shall be referenced. (D) Any significant release or spill history dating back a period ofthree (3) years from the date ofthe initial NOI letter, in the identified azea, for materials spilled outside ofsecondary containmen[structures and impervious surfaces in excess of their reportable quantity, including thefollowing: (i) The date and type of material released or spilled. (ii) The estimated volume released or spilled. (iii) A description of the remedial actions undertaken, including disposal or treatment. Depending on the adequacy or completeness of the remedial acfions, the spill history shall be used to determine additional pollutant sources that maybe exposed to storm water In subsequent permit terms, the history shat l date back for a period of five (5) years from the date of the NOI letter. (E) Where the chemicals or materials have the potential to be exposed to storm water discharges, the descriptions for each identified area must include a risk identification analysis of chemicals or materials stored or used within the azea. The analysis must include the following: (i) Toxicity data of chemicals or materials used within the area, referencing appropriate material safety data sheet information locations. (ii) The frequency and typical quantity of listed chemicals or materials to be stored within the area. (iii) Potential ways in which storm water discharges may be exposed to listed chemicals and materials. (iv) The likelihood of the Listed chemicals and materials to come into contact with storm water. (6) A narrative description of existing and planned management practices and measures to improve the quality of storm water run-off entering a water of the state. Descriptions must be created for existing or historical areas ]fisted in subdivision (3)(J) through (3)(S) and any other areas though[ to generate storm water discharges exposed to industrial activity and be a potential source of storm water exposure to pollutants. The description must include the following: (A) Any existing or planned structural and nonstructural control practices and measures. ~~ (B) Any treatment the storm water receives prior to leaving the facility property or entering a water of the state. (C) The ultimate disposal of any solid or fluid wastes collected in structural control measures other than by discharge. (7) If applicable, the specific control practices and measures for potential pollutant source areas must include the following: (A) Identification of areas that, due to topography, activities, or other factors, have a high potential for significant soil erosion and identify and implement measures to limit erosion. (B) A plan to cover, or otherwise reduce the potential for pollutants in storm water discharge from, deicing salt and sand or other commercial or industrial material storgge piles, except for exposure resulting from the addition or removal of materials from the pile. For piles that do not have [he potential for polluting storm water run-off, the plan needs [o provide the basis for determining no exposure potential. The plan must be included in the SWP3. (C) Stornge piles of sand and salt or other commercial or industrial materials mustbe stored in a manner to reduce the potential for polluted storm water run-off and in accordance with the plan required under clause (B). (8) Information or other documentation required under subsection (d). (9) The results of monitoring required in section 7.3 of this rule. The monitoring data must include completed field data sheets, chain-of-custody forms, and laboratory results. Ifthe monitoring data is no[ placed into the facility's S WP3, the on-site location for storage of the information must be referenced in the SWP3. As two (2) or more sample monitoring events are completed, the laboratory results must be compared ~[o indicate water quality improvements in the run-off from the facility. If the parameters and sample type are identical, historical storm water monitoring data a[ each discharge outfal] identified in section 5(4) of this rule, or representative discharge outfall identified in section 5(5) of this rule; can be used in the comparison to provide data that is more reflective of initial water quality conditions. (10) A mapped or narrative description of any such management practice or measure pursuant to subsection (c)(4) must be added to the SWP3. (c) For areas of the facility that generate storm water discharges and have a reasonable potential for storm water exposure to pollutants, storm water exposure to pollutants must be minimized. To ensure this reduction, the following practices and measures must be planned and implemented: (t) A written preventative maintenance program, including the following: (A) Implementation ofgood housekeeping prnctices to ensure the facility will be operated in a clean and orderly manner and [hat pollutants will no[ have the potential to be exposed to storm water via vehicular tracking or other means. Indiana Administrative Code Page 31 ~~ NPDES GENERAL PERMIT RULE PROGRAM (B) Maintenance of storm water management measures, for example, catch basins or the leaning of oil or water separators. All maintenance must be documented and either contained in, or have [he on-site record keeping location referenced in, [he SWP3. (C) Inspection and testing of facility equipment and systems that are in areas of [he facility that generate storm water discharges and have a reasonable potential for storm water exposure to pollutants to ensure appropriate maintenance ofsuch equipment and systems and to uncover conditions that could cause breakdowns orfailures resulting in discharges of pollutants to surface waters. (D) A[ a minimum, quarterly inspections of the storm water management measures and storm water run-off conveyances. Inspections must be documented and either contained in, or have the on-site record keeping location referenced in, the SWP3. (E) An employee training program to inform personnel at all levels of responsibility [hat have the potential to engage in industrial activities that impact storm water quality of the componentsand goals of the SWP3. Training must occur at a minimum annually and should address topics such as spill response, good housekeeping, and material management practices. All employee training sessions, including relevant storm water topics discussed and a roster of attendees, must be documented and either contained in, or have the on-site record keeping location referenced in, the SWP3. -(2) A written spill response program, including the following: (A) Location, description, and quantity of all response materials and equipment. (B) Response procedures for facility personnel to respond to a release. (C) Contact information for reporting spills, both for facility staff and external emergency response entities. (3) A written nons[orm water assessment, including the following: (A) A certification letter stating that storm water discharges entering a water of the state have been evaluated for the presence of illicit discharges and nonstorm water contributions. (B) Detergent or solvent-based washing of equipment or vehicles [hat would allow washwater additives to enter any storm drainage system or receiving water shall not be allowed a[ the facility. (C) All interior maintenance area floor drains with [he potentia! for maintenance fluids or other materials to enter storm sewers must be either sealed, connected to a sanitary sewer with prior authorization, or appropriately permitted under _ the NPDES wastewaterprogrampursuant to 327IAC 5. The sealing, sanitary sewer connecting, or permitting of drains under this clause must be documented in the written nons[orm water assessment progrnm. (D) The certification shall include a description of the method used, the date of any testing, and [he on-site drainage points that were directly observed during [he test. - (4) Ifparameter reductions are not indicated in the comparison conducted under subsection (b)(9) and they cannot be attributed to laboratory error or significant variability in the rainfall events, the source of the pollutant parameter must be investigated and either eliminated or reduced via a management practice or measure [o the extent technologically practicable and cost beneficial. A lack of reduction does no[, in and of itself, constitute a violation ofthis permit. However, insufficient reductions may be used to identify facilities that would be more appropriately covered under an individual storm water NPDES permit. Ifparameter concentrations are at, or below, laboratory detection limitations, fiuYher reductions are not necessary. (d) The SWP3 must meet the following general requirements: (1) The plan shall be certified by a qualified professional. (2) The plan must be retained at the facility and be available for review by a representative of the commissioner upon request or, in the case of a storm water discharge exposed to industrial activity that discharges through a regulated municipal separate storm sewer system conveyance, by the operator or operators of the regulated municipal system. (3) The plan must be completed and implemented on or before three hundred sixty-five (365) days after submission of atimely- submitted initial NOI letter or the expiration date of the previous five (5) year permit term. The commissioner may grant an extension of this time frame based on a request by the person showing reasonable cause. (4) The person having financial responsibility or operational control for a facility shall complete and submit to the commissioner a storm water pollution prevention plan certification checklist form within thirty (30) days of the plan completion date, but no later than three hundred sixty-five (365) days after the submission of atimely-submitted initial NOI letter or the expiration date of the previous five (5) year permit term. This checklist must also be signed by a qualified professional (5) A pennittee regulated under this rule shall amend [he plan by either of the following: - (A) Whenever [here is a change in design, construction, operatioq or maintenance at the facility, which may have a Indiana Administrative Code Page 32 :- .. NPDES GENERAL PERMIT RULE PROGRAM significant effect on the potential for the discharge of pollutants to surface waters of the state. (B) Upon written notice by the commissioner that the SWP3 proves to be ineffective in controlling pollutants in storm water discharges exposed to industrial activity. Within sixty (60) days of such notification from the commissioner, the permittee shall make the required changes to the SWP3 and shall submit the amended plan to the commissioner for review. (6) If a permittee has other written plans, required under applicable federal or state law, such as operation and maintenance, spill prevention control and countermeasures, or risk contingency plans, which fulfill certain requirements ofa SWP3, these plans may be referenced, at the permittee's discretion, in the appropriate sections of the SWP3 to meet those section requirements. (7) A permittee may combine the requirements of the SWP3 with another written plan if: (A) the plan is retained at the facility and available for review; (B) all the requirements of the SWP3 are contained within the plan; and (C) a separate, labeled section is utilized in the plan for the SWP3 requirements. (Water Pollution Control Board; 327IAC 15-6-7; filed Aug 31, 1992, S:OO p.m.: 16IR 28; errata filed Sep 10, 1992, /2.~OO p.m.: 16lR 65; errata, 161R 898: readoptedfiled Jan 10, 2001, 3:23 p. m.: 24IR 1518; filed Oct 27, 2003, 10:15 a. m.: 277R 851; errata filed Feb 4, 2004, 1:45 p. m.: 27IR 2284; readopted filed Nov 21, 2007, 1:16 p. m.: 20071219-IR-3270705538FA) 327 IAC 15-6-7.3 Monitoring requirements Authority: IC i3-148; IC 13-IS-1-2; IC 13-15-2; IC 1348-3; IC 1348-4 Affected: IC 13-12-3-I; IC 13-18-1 Sec. 7.3. (a) Monitoring requirements shall be as follows: (1) Each discharge outfall identified in section 5(4) of this rule, or representative dischage outfall identified in section 5(5) of this rule, composed entirely of storm water and allowable nonstotm water run-off, shall be mon itored as follows: ~F~ Parameter Units Sample Type Frequency Oil and grease mgA grab Annual CBOD, (Carbonaceous biochemical oxygen demand) mg/1 gmb Annual COD (Chemical oxygen demand) mg/I grab Annual TSS (Total suspended solids) mgll grab Annual TKN (Total Kjeldahl nitrogen) - mg/1 grab Annual Total phosphorous mg/1 grab Annual pH s.u. grab Annual Nitrate plus nitrite nitrogen mg(1 grab Annual (2) Each discharge outfall subject to subdivision (1) shall be monitored for any pollutant attributable to a facility's industrial activity that is reasonably expected to be present in the discharge, as well as for any other pollutant [hat has the potential to be present in a storm water discharge as requested by the commissioner. (3) Within one (1) year of the original or renewal NOI letter submittal and prior to implementation of the SWP3, a permittee regulated under this rule shall sample and analyze the discharge from the outfall identified in the approved NOI letter. The monitoring data taken from this first year event shall be used by the permittee as an aid in developing and implementing the SWP3. Subsequent annual sampling data shall be used [o verify the effectiveness ofthe SWP3 and will aid the permittee with revising the SWP3 and implementation of additional BMPs, as necessary. (4) The commissioner may require a permittee to sample additional storm events beyond the required five (5) annual events upon finding reasonable cause. The commissioner shall notify the facility in writing that additional sampling is required. (5) A grnb sample must be collected during the firs[ thirty (30) minutes of dischage at the storm water outfalls identified in the NOI letter or as soon thereafter as practicable. (6) The pH measurement must be taken at the time the grab sample is collected and by using a pH meter that has been properly calibrated according to manufacturer's specifications and provides results displayed in numeric units. A color comparison analysis for pH is not acceptable. (7) There shall be a minimum of three (3) months between reported sampling events. Indiana Administrative Code Page 33 ~1 NPDES GENERAL PERMIT RULE PROGRAM -- (8) Samples must be taken at a point representative ofthe discharge but prior to entry into surface waters ofthe state or a municipal sepaza[e storm sewer conveyance unless an alternative location has been granted by the commissioner. For discharges that flow through on-site detention basins, samples shall be taken at a pout representative ofthe discharge from the basin. (9) All samples must be collected from a dischage resulting from a measurable storm event at least seventy-two (72) hours from the previous measurable storm event. Documentation of weather conditions that prevent sampling as described in this subsection must be provided to the commissioner. (10) The analytical and sampling methods used must meet the requirements of 327IAC 5-2-13(d)(1) and 327IAC 5-2-13(d)(2) for quality asswance and quality control. (t 1) Run-off events resulting from snow or ice melt should not be sampled and shall not be used [o meet the minimum annual monitoring requirements. (b) Reporting requirements shall be as follows: - (1) All samples must be reported as a value of concentration or loading. (2) For each measurement or sample taken under this rule, the permittee shall record and submit the following information to [he commissioner: (A) The exact place, date, and time of the start ofthe discharge, the duration ofthe storm event sampled, a measurement ofthe rainfall in inches, and time of sampling. (B) The duration between the storm event sampled and the end ofthe previous measurable storm event. (C) The individual who performed the sampling or measurements. (D) The dates the analyses were performed. (E) The individual who performed the analyses. (F) The analytical techniques or methods used. (G) The results of all required analyses and measurements. (H) A complete copy ofthe laboratory report, including chain-of-custody, (3) All records and information resulting from the monitoring activities required under this rule, including all records of analyses performed and calibration and maintenance of instrumentation, must be retained for a minimum of either one (1) year following the date on an NOT letter, three (3) years following the expiration of the facility's permit, or longer if requested by the commissioner. As applicable, the records for calibration and maintenance of instrumentation can be maintained at an off- site laboratory but must be available to the commissioner upon request. All calibrntion and maintenance records for on-site instruments, such as pH meters, used by a facility for compliance with this rule must be documented and either contained in, or have the on-site record keeping location referenced in, the SWP3. (4) A petmittee regulated under this rule shall submit sampling data results [o the commissioner at the address specified in section 8.5 of this rule within thirty (30) days after laboratory analyses have been completed. _ (5) A permittee regulated under this rule that has a discharge that enters a regulated municipal separate storm sewer conveyance shall also submit a copy ofthe sampling data results to the operator ofthe regulated municipal system conveyance upon request. - (6) If a pernittee regulated under this rule monitors a pollutant more frequently than required under this rule, using analytical methods referenced in subsection (a)(]0), the results of such monitoring must be reported as additional information in the annual report. Such increased frequency must also be indicated in the report. (Water Pollution Control Board; 327IAC IS-6-73; feted Oct 27, 2003, 10:15 a.m.: 271R 857; erratafi[ed Feb 4, 2004, 1:45 p.m.: 277R 2285; readopted filed Nov 21, 2007, 1:/6p.m.: 200712!9-IR-3270705538FA) 327IAC 15-6-7.5 Annual reports Authority: IC 13-14-8; IC 13-IS-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-12-3-1; tC 13-18-1 Sec. 7.5. A permittee regulated under this rule shall submit an annual report to the commissioner that contains the following information: (1) Any changes to the original NOI letter. (2) Any changes to the facility, the facility's operations or industrial activities. (3) During the second through fifth years of permit coverage, a copy of the comparison of all sampling data results included Indiana Administrative Code Page 34 o NPDES GENERAL PERMIT RULE PROGRAM in the facility's SWP3 and required under section 7(b)(9) of this rule. (4) Any additional BMPs implemented, or corrective measures taken, as a result of sampling data results. The annual report must contain information obtained during the previous year of regulation and be submitted initially no later than three hundred sixty-five (365) days from the initial NOI submittal date orthe expirntion date ofthe previous five (5) year permit term. Subsequent annual report submittals shall be provided no later than three hundred sixty-five (365) days from [he previous report in years two (2) through Fve (5). (Water Pollution Control Board; 327 IAC IS-6-7.5; filed Oct 27, 2003, 10:15 a.m.: 27lR 858; readopted filed Nov 21. 2007, 1:16 p.m.: 20071219-IR-327070553BFA) 327 IAC 15-6-8 Standard conditions Authority: IC 13-I-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-I Affected: IC 13-1-3; IC 13-7 Sec. 8. In addition to the conditions set forth in this rule, the standazd conditions for the NPDES general permit rule under 327 IAC 15-4 shall apply also to this rule. (Water Pollution Control Board,' 327 !AC IS-6-8; fried Aug 31, ~ 1992, 5: DO p: m.: 16IR 32; readopted filed Jan 10, 2001, 3:23 p.m.: 24 !R 1518; readopted fried Nov 11, 2007, 1:16 p.m.: 200712/9-/R-327070553BFA) 327 IAC 15-6-8.5 Permit compliance schedule Authority: IC 13-14-8; IC 13-15-1-2; IC 13-IS-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-12-3-I; IC 13-IS-1 Sec. 8.5. The following compliance schedule must be followed: Permit Compliance Schedule To apply for covernge Submit a completed NO[ letter O 1 ° year of permit coverage Submit results of sampling data Develop and implement the SWP3 Submit SWP3 certification checklist Submit annual report 2nd year of permit coverage Submit results of sampling data Submit annual report 3`d year of permit coverage Submit results of sampling data Submit annual report 4°i year of permit coverage Submit results of sampling data Submit annual report 5~' year of permit coverage Submit results of sampling data Submit annual report 90 days before permit expires Resubmit a completed NOI letter Permit renewals Repeat annual sampling schedule Submit SWP3 certification checklist during the first year of renewal coverage only if substantial changes have been made on site or to the plan since its inception Submit annual reports The compliance schedule begins from the date on the initial NOI letter submittal or the expiration date of the previous five (5) year permit term. All submittals to the commissioner must be sent to: Indiana Department of Environmental Management Office of Water Quality 100 North Senate Avenue, Room N1255 Indianapolis, Indiana 46204 ~O Indiana Administrative Code Page 35 s. NPDES GENERAL PERMIT RULE PROGRAM - Attention: Rule 6 Storm Water Coordinator. (Water Pol/utton Control Board; 3271AC IS-6-8.5; filed Oct 27, 2003, I0: /5 am.: 27IR 859; errata filed Feb 6, 2006, 11:15 a. m.: 29lR 1938; readopted filed Nov 21, 2007, 1:16p.m.: 10071219-IR-3270705538FA) 3271AC 156-9 Inspection and enforcement Authority: IC 13-14-8; IC ]3-IS-1-2; IC 13-IS-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-12-3-I; IC 13-14-IO;IC 13-15-7; IC 13-IS-1; IC 13-30 Sec. 9. (a) The commissioner or designated representative may inspect any facility regulaed under this rule a[ any time. The storm water pollution prevention plan as required by section 7 of this rule and monitoring records as required by section 7.3 of this rule must be available on-site for review by the commissioner. The department or its designated representatives may make recommendations to the facility owner or its representative to install appropriate measures beyond those specified in the storm water pollution prevention plan to achieve compliance. (b) The department shall investigate potential violations of this rule to determine which person may be responsible for the violation. The deparoment shall, if appropriate, consider public records of ownership and other relevant information, which may include site inspections, storm water pollution prevention plans, notices of intent, contracts, and other information, related to the specific facts and circumstances of the potential violation. (c) Any person causing or contributing to a violation of any provision of[his rule shall be subject [o enforcement and penalty asset forth under IC 13-14- l Q, IC 13-15-7, and IC 13-30. (Water Pollution Control Board; 327 /AC /5-ti-9; filed Aug 31, 1992, S: 00 p.m.: 76IR 32; readopted filed Jan 10, 2001, 3:23 p. m.: 14 /R 1518; ft/ed Oct 27, 2003, 10:15 a.m.: 277R 859; readoptedfiled Nov 21, 2007, l: l6 p. m.: 2007!219-/R-327070553BFA) 327 IAC 156-10 Duration of coverage and renewal Authority: IC 13-14-8; IC l3-IS-1-2; [C 13-IS-2; IC 13-18-3; IC 13-IS-4 Affected: IC 13-12-3-1; IC 13-18-1 Sec. 10. A permit issued under [his rule is valid for a period of five (5) years from the date that the commissioner receives an original NOI letter. To obtain renewal of coverage under this rule, [he informazion required under 3271AC 15-3 and section 5 ofthis rule must be submitted to the commissioner ninety (90) days prior to the expiration of coverage under this rule unless the commissioner determines [hat a later date is acceptable. Coverage under renewal NOI letters will begin on the date of expiration from the previous five (5) year permit. (Water Pollution Contro/Board; 3271AC IS-6-/0; fled Oct 27, 2003, 10: /5 a. m.: 277R 859; readoptedfiledNov21, 2007, l: 16 p. m.: 20071219-IR-327070553BFA) 3271AC 15-6-11 Termination of coverage; permit not transferable Authority: IC 13-14-8; IC 13-15-1-2; IC 13-IS-2; IC 13-18-3; [C 13-18-4 Affected: IC 13-12-3-1; IC 13-18-1 Sec. 11. (a) A complete, state-issued NOT letter request form shall be submitted by a permit[ee regulated under [his rule to the commissioner for any of the following: (1) Closure of the facility. (2) Transfer of ownership or operator. (3) No exposure of all facility industrial activities to storm water. (4) All storm water run-off from [he facility flows into a combined sewer system. (5) Storm water does not have the potential [o impact a water of the state. (b) A permittee regulated under [his rule shall submit a complete, state-issued NOT letter request form [o the commissioner upon closure of the faci lity or upon transfer of ownership or operator as defined in 327IAC 15-2-8 within thirty (30) days of the date of closure or transfer. The new owner or operator must submit a new NOI letter within sixty (60) days of the date of closure or transfer. (c) For a permittee to claim termination based on no exposure to industrial activities, a complete "No Exposure Certification" form referenced in section 12 of this rule must be submitted with the NOT letter request form. (d) For a pemtittee to claim termination based on all storm water run-offflowing into acombined sewer system, a certification • Indiana Administrative Code Page 36 ... o e NPDES GENERAL PERMIT RULE PROGRAM letter from the responsible party of the combined sewer system, on responsible party letterhead, shall be submitted with the NOT letter requestfonn. (e) The completed NOT request form will be reviewed by the commissionerwithin sixty (60) days ofthe submittal date. During this sixty (60) day review period, the permit shall remain effective. Once the review is complete, one (I) of[he following may occur: (I) An NOT letter will be mailed to the requester. (2) An on-site verification inspection will be requested. (3) The NOT request will be denied. Ifthe pernittee does not receive any ofthe above notifications within sixty (60) days oftheNOT request submittal, the NOT request will be considered adequate. (f) An NOT letter may be issued by the commissidner if: (1) effluent standazds and limitations are promulgated for discharges subject to this rule; or (2) it is determined that a general permit is not adequate to protect water quality. When a general permit is not adequate, an individual NPDES storm water permit will be issued. (Water Pollution Control Board; 3271AC I5-6-11; filed Oct 27, 2003, I0: I S a. m.: 277R 860; readoptedfiled Nov 2I, 2007, 1:16 p. m.: 200712!9-IR-3270705538FA) 327 IAC IS6-12 Conditional no exposure exclusion Authority: IC 13-14-8;IC 13-15-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4 Affected: IC 13-11-2; IC 13-12-3-1; IC 13-t8-I Sec. ] 2. (a) In addition to the definitions contained in IC I3-11-2, 327 IAC 5, 327 IAC 15-I-2, and section 4 of this rule, the following definitions apply throughout this section: (I) "Adequately maintained vehicle" means a vehicle (truck, automobile, forklift, [miler, or other general purpose vehicle) found on facility property that is not industrial machinery and not leaking or otherwise a potential source of contaminants. (2) "Final product" means a product that is not used in producing other products and is built and intended for use outdoors, provided the final product has not deteriorated or has otherwise become a potential source of contaminants. (3) "Industrial materials and activities" means: (A) material handling equipment or activities; (B) industrial machinery; (C) raw materials, intermediate products, byproducts, and final products; or (D) waste products. (4) "Intermediate product" means a product that is used in the composition of ye[ another product. (5) "Material handling activity" means the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, byproduct, orwaste product. The term does not include activities conducted on facility property separate from the facility's industrial activities, such as office buildings and accompanying parking lots, as long as the drainage from the excluded areas is not mixed with storm water drnined from the included areas. (6) "Sealed container" means a containerthat has been banded or otherwise secured, without operational taps or valves, provided the container is not deteriorated and does not leak. (7) "Storm-resistant shelter" meatus a completely roofed and walled building or structure, as well as a structure with only a top cover but no side coverings, providedmaterial underthe structure is not otherwise subject to any tun-on and subsequent run-off of storm water. (b) A facility regulated under this mle may request an exclusion from permit coverage by: (I) submitting a complete United States Environmental Protection Agency "No Exposure Certification" form 3510-11 (10-99) to [he commissioner; (2) allowing the commissioner to inspect the facility to detemtine compliance with the "no exposure" conditions; (3) allowing the commissioner to make any "no exposure" inspection reports available to the public upon request; and (4) for facilities that discharge through a regulated MS4 conveyance, upon request, submitting a copy of the certification of "no exposure" to the MS4 operator, as well as allowing inspection and public reporting by the MS4 operator. (c) New or existing facilities that were not previously required to obtain a permit under this rule, but are subject to it, must either obtain permit coverage in accordance with sections 5 and 6 of [his rule or comply with the procedures in subsection (b). (d) Facilities that have an existing permit under [his rule must also submit an NOT ]etterwith the "No Exposure Certification" form. Indiana Administrative Code Page 37 ~~. NPDES GENERAL PERMIT RULE PROGRAM ~ --~- (e) To determine if a facility can apply for the no exposure certification, the following must be considered: (1) A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowme]t, and run-off. (2) The conditional no exposure exclusion is available on a facility-wide basis only, not for individual outfalls, and a no exposure certification must be provided for each facility qualifying for the no exposure exclusion. (3) The no exposure certification requirement applies to a!I industrial facilities regulated under this rule, including light industrial facilities that were previously not required to submit documentation to be excluded from storm water permitting requirements. (4) Astorm-resistant shelter is not required for the following industrial materials and activities: (A) Drums, barrels, tanks, and similar containers that are tightly sealed, provided these containers are not deteriorated and do not leak. (B) Adequately maintained vehicles used in material handling. (C) Final products, except those products that would be mobilized in storm water discharges (for example, rock salt}, products that may, when exposed to storm water, oxidize, deteriorate, leak, or otherwise be a potential source of comaminants, or final products that are in actuality intermediate products. (5) Particulate matter emissions from roof stacks and vents that are regulated by; and in compliance with, other environmental protection progrnms (for example, air quality control programs) and do not cause storm water contamination are considered notexposed. Particulate matterorvisibledepositsofresidualsfromroofstacksandventsnototherwiseregulated(forexample, under am air quality control progrnm) and evident in storm water discharges are considered exposed. Likewise, visible "track out" (pollutants carried on the tires of vehicles) and windblown raw materials are considered exposed. (6) General and industrial refuse and [rash are not considered exposed as long as the containers aze completely covered and nothing can drain out holes in their bottoms, or is lost in loading onto a garbage [ruck. General and industrial refuse and trash that are left uncovered, however, aze considered exposed. (7) Storm water run-off from separate office buildings and their associated parking lots do not need to be considered when determining no exposure at an industrial facility. • (8)Temporarycoversmaybeusedtoshehermaterialsandactivitiesuntilpermanentenclosurecanbeachieved.Thetemporary sheltering of industrial materials and activities is only allowed during facility renovation or construction. (9) Aboveground storage tanks (ASTs) are generally considered not exposed and may be exempt from the prohibition against adding or withdrawing materials to or from external containers. For an AST to be operational and qualify for no exposure: (A) it must be physically separated from, and no[ associated with, vehicle maintenance operations; (B) there must be no piping, pumps, or other equipment leaking contaminants [hat could contact storm water; and (C) it must be surrounded by some type of physical containment to prevent run-off in [he event of a structural failure or leaking transfer valve. (f) The no exposure certification must require the submission ofthe following information, at a minimum, to aid the department in determining if the facility qualifies for the no exposure exclusion: (1) The person's name, address, and phone number. (2) The facility name and address, the county name, and the latitude and longitude where the facility is located. (3) The certification must indicate that none of the following materials or activities are, or wi146e in the foreseeable future, exposed to precipitation: (A) Using, storing, or cleaning industrial machinery or equipment, and areas where residuals from using, storing, or cleaning industrial machinery or equipment remain and are exposed to storm water. (B) Materials or residuals on the ground or in storm water inlets fmm spills or leaks. (C) Materials or products from past industrial activity. (D) Material handling equipment (except adequately maintained vehicles). (E) Materials or products during loading and unloading or transporting activities. (F) Materials or products stored outdoors (except final products intended for outside use, for example, new cars, where exposure to storm water does no[ result in the discharge of pollutants). (G) Materials contained in open, deteriorated, or leaking storage drums, barrels, tanks, and similar containers. (H) Materials or products handled or stored on roads or railways owned or maintained by the facility. (I) Waste material (except waste in covered, nonleaking containers, for example, dumpsters). (J) Application or disposal of process wastewater (unless otherwise permitted). Indiana Administrative Code Page 38 o NPDES GENERAL PERMIT RULE PROGRAM (K) Particulate matter or visible deposits of residuals from roof stacks or vents not otherwise regulated, that is, under an air quality control permit, and evident in the storm water outflow. (4) All no expostre certifications must include the following certification statement and be signed in accordance with 327 IAC 15-4-3(g): "I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of"no exposure" and obtaining an exclusion from NPDES storm water permitting; and that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial facility identified in this document (except as allowed under subsection (e)(4)). I understand that I am obligated to submit a no exposure certification form once every five (5) years to the department and, if requested, to the operator of the local regulated MS4 into which this facility discharges (where applicable).1 understand that I must allow the department, or MS4 operator where the discharge is into the local regulated MS4, [o perform inspections [o confirm [he condition of no exposure and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of storm water from [he facility. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed [o assure that qualified personnel properly gathered and evaluated the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly involved in gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and wmplete. 1 am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations:'. (g) Information contained in the "No Exposure Certification" form 3510-1 l (10-99)* and the United States Environmental Protection Agency's "Guidance Manual for Conditional Exclusion from Storm Water Permitting Based on "No Exposure" of Industrial Activities to Storm Water"(EPA 833-B-00-001 June 2000)** shall be used by the commissioner to determine whether a facility is eligible for the exclusion. Definitions ofterms provided in these documents shall apply to the commissioner's interpretation of the no exposure exclusion. (h) A facility excluded under this section shall meet the following requirements: (1) A copy of the "No Exposure Certification" form must be retained on site at the facility for a period of fve (5) years following the date that the commissioner received [he original form in order for the no exposure exclusion to remain applicable. (2) The "No Exposure Certification" form must be submitted once every five (5) years to the commissioner. (3) The certification forno exposure is nontransferable. if a new operator or owner takes over a facility, the new operator shall immediately complete and submit a new certification form in order to claim [he exclusion. (4) If changes at a facility result in industrial activities or materials becoming exposed [o storm water, the no exposure exclusion ceases to apply. The person with financial responsibility or operational control for [he facility must submit an NOI letter in accordance with sections 5 and 6 of this mle at least two (2) days before the foreseen changes happen that cause the condition of exposure. (5) If unforseen events, such as spills, equipment malfunctions, or acts of nature, cause industrial activities or materials [o become exposed to storm water, the no exposure exclusion may still apply provided notification is given to the commissioner within twenty-four (24) hours of facility personnel becoming aware of the exposure and corrective measures are taken to reestablish a condition of no exposure prior to the next storm water discharge event. (i) If the commissioner finds that, during a compliance inspection or at a later time, the facility has a reasonable potential to cause a violation or nonattairanent of a water quality standard or does not meet the conditions for the no exposure exclusion, the commissioner may, upon notifying the facility in writing, deny or revoke the exclusion and require [he facility [o obtain permit coverage within thirty (30) days of the date on the notification letter. (j) Failure to maintain the condition of no exposure or obtain coverage under an NPDES permit may lead to the unauthorized discharge of pollutants to waters of [he state. *Copies of the No Exposure Certification Form referenced in this Becton are available from the Indiana Department of Envirorunen[al Management, Office of Water Quality, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204. **Copies of the Guidance Manual for Conditional Exclusion from Storm Water Permitting Based on "No Exposure" of Industrial Activities to Storm Water referenced in [his section are available from the Indiana Department of Environmental Management, Office of Water Quality, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204. (Water Pollution Control Baard; 3277AC l5-6-72; filed Oct 27, 2003, 10: /S a.m.: 177R 860; errata filed Feb 4, 2004, l: 45 p.m.: 271R 1185; errata filed Feb 6, 2006, 1!: !5 a. m.: 29 /R 1938; readoptedfrled Nov 27, 2007, 1: /6 p. m.: 20071219-IR-3170705538FA) Rule 7. Facilities Engaged io Mining of Coal, Coal Processing, and Reclamation Activities Indiana Administrative Code Page 39 ;;a NPDES GENERAL PERMIT RULE PROGRAM .... 327IAC IS-7-1 Purpose Authority: IC 13-1-3-4; IC I3-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-I-3; IC 13-7 Sec. I. The purpose ofthis rule is to regulate wastewater discharges from surface mining, underground mining, and reclamation projects which utilize sedimentation basin treatment for pit dewateting and surface ran-offand to require best management practices for storm water run-offso [hat the public health, existing water uses, and aquatic biota are protected. (Water Pollution Control Board; 327/AC IS-7-1; filed May 25. 1994, I/:OOa.m.: 17IR2284; readop(edfiledJan 10, 2001, 3:23p.m.: 241R 1518; readopreditled Nov 21, 2007, 1: 16 p. m.: 2 00 712 7 9-IR-327070553BFA) 327IAC 15-7-2 Definitions Authority: IC 13-1-3-4; IC 13-I-3-7; IC 13-7-7; IC 13-7-]0-I Affected: IC 13-1-3; IC 13-7 Sec. 2. The following definitions apply throughout [his rule: (I) " I-year, 2-year, and ] 0-yeaz, 24-hour precipitation event" means the maximum 24-hour precipitation event with a probable recurrence interval of once in one (1), two (2), and ten (10) years, respectively, as defined by [he National Weather Service and Technical PaperNo. 40, "Rainfall Frequency Atlas of the U.S.",May 1961, or equivalent regional or rainfall probability information developed therefrom. (2) "4 yearly sample frequency" means the performance of the associated monitoring once any time during each of the four (4) annual quarters: (A) January-February-March; (B)April-May-June; (C) July-August-September, and (D) October-November-December. (3) "Acid or ferruginous mine drainage' means mine drainage which, before any treatment, either has a pH of less than six (6.0) or a total iron concentration equal to or greater than ten (10) milligrams per liter. (4) "Active mining area" means the area, on and beneath land, used or disturbed in activity related [o the extraction, removal, or recovery of coal from its natural deposits. This term excludes coal preparation plants, coal preparation plant associated areas, and post mining areas. (5) "Alkaline mine drainage" means mine drainage which, before any treatment, has a pH equal to or greater than six (6.0) and a total iron concentration of less than ten (10) milligrams per liter. (6) "Bond release" means the time a[ which the appropriate regulatory authority returns a reclamation or performance bond based upon its determination that reclamation work (including, in the case of underground mines, mine sealing and abandonment procedures) has been satisfactorily completed (7) "Coal preparation plant" means a facility where coal is subjected to cleaning, concentrating, or other processing or preparation in order to separate coal from its impurities and thereafter is loaded for transit to a consuming facility. (8) "Coal preparation plant associated areas" means the coal preparation plantyazds, immediate access roads, coal refuse piles, and coal storage piles and facilities. (9) "Coal refuse disposal pile" means any coal refuse deposited on the earth and intended as a permanent disposal or long term storage (greater than one hundred eighty (180) days) of such material but does not include coal refuse deposited within the active mining area or coal refuse that is never removed from the active mining area. (10) "Concentration" means the mass of any given material present in a unit volume of liquid. Unless otherwise indicated in this rule, concentration values shall be expressed N milligrams per liter (mg/I). (ti) "Controlled surface mine discharge" means any surface mine drainage that is pumped or siphoned from the active mining area. (12) "Dry weather base Pow" means the normal base flow coming from an area ortreatment facility which is not immediately affected byrun-offcaused by rainfall. This flow is a result ofground water interference or abuild-up of rainwater over a long period of time. Altema[e limitations apply when this dry weather Oow increases due to a precipitation event and continues until the flow again retains to the dry weather rate. (13) "Mine drainage" means any drainage, and any water pumped or siphoned, from an active mining area or a post mining Indiana Admmrstrative Code ~ Page 40 • ~~ ~~~ NPDES GENERAL PERMIT RULE PROGRAM area. (14) "mUl" means milliliters per liter. (15) "Post mining azea" means either of [he following: (A) A reclamation area. (B) The underground workings of an underground coal-mine after the extraction, removal, or recovery of coal from its natural deposit has ceased and prior to bond release. (16) "Precipitation even[" means a rainfall, snow melt, or ice melt which causes a discharge or an increase in the volume of a discharge. (17) "Reclamation area" means the surface area of a coal mine which has been returned to required contour and on which revege[ation (specifically, seeding or planting) work has commenced. (I8) "Settleable solids" means that matter measured by the volumetric method specified in 40 CFR 434.64, which is: Fill an Imhoff cone to the one (1) liter mark with a thoroughly mixed sample. Allow to settle undisturbed for forty-five (45) minutes. Gently stir along the inside surface of the cone with a stirring rod. Allow to settle undisturbed for fifteen (1 S) minutes longer. Record the volume of settled material in the cone as milliliters per liter (ml/1).~ Where a separation of settleable and floating materials occurs, do not include the floating material in the reading. The method detection limit for measuring settleable solids shall be four-tenths (0.4) mUl. (19) "TSS" or "total suspended solids" means the mass of suspended matter in wastewater retained on a standard glass fiber filter after filtration of a well-mixed sample after drying for one (1) hour at one hundred three degrees Celsius (103°C). (GPater Pollution Control Board: 327IAC I5-7-2; filed May 25, 1994, l I: OO a. m.: 171R 2284; errata filed Jul ! 1. 1994, 3: 00 p. m.: 17 IR 2657; readopted filed Jan 10, 2001, 3:23 p. m.: 24 !R /518; readopted filed Nov 2!, 2007, 1: l6 p. m.: 200712!9-IR- 327070553BFA) 327IAC 157-3 Applicability Authority: IC 13-14-8; IC 13-14-9; IC l3-IS-1-2; IC 13-15-2-t; IC 13-18-3 Affected: IC 13-11-2; IC 13-18-4 Sec. 3. This rule applies to all persons who: (I) meet the NPDES general permit rule applicability requirements under 327IAC 15-2.3; or (2) have an existing point source discharge of wastewater controlled by a valid individual NPDES permit. (Water Pollution Control Board; 327IAC 15-7-3; filed May 25, 1994, //:00 am.: 17 !R 2285; filed Jan /4, 1997, 12:00 p. m.: 10 IR 1477; readopted filed Jan i0, 200l,~ 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p. m.: 200712!9-/R- 327070553BFA) 327IAC 157-4 General permit rule boundary Authority: IC 13-]-3-4; IC 13-1-3-7;.IC 13-7-7; IC 13-7-10-I Affected: IC 13-1-3; IC 13-7 Sec. 4. Facilities existing within the boundaries of Indiana affected by this rule are regulated under this rule. (Water Pollution Control Board; 327 /AC IS-7-4; filed May Z5, 1994, 11:00 a. m.: 17lR 2285; readoptedfiled Jan 10, 200/, 3:23 p. m.: 14 /R 1518; readapted filed Nov 2 /, 2007, 1:16 p. m.: 20071219-lR-3270705538FA) 327IAC 15-7-5 NOI letter requirements under this rule Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC t3-7-10-1 Affected: IC 13-1-3; IC t3-7 Sec. 5. (a) In add ition to the NOI letter requirements contained in 327IAC 15-3, a person regulated under this rule must submit with the NOI letter requirements under this rule the following information: (I) The discharge location of each outfall, including each outfall regulated under section 7(b)(6) of this rule and its associated receiving stream. (2) An identifying outfall number. The numbering shall start at OOL for [he first outfall, 002 for the second outfall, and continue in that manner until all outfalls are numbered. The sequential number assigned to any outfall identified under section 7(b)(6) Indiana Administrative Code Yage 41 NPDES GENERAL PERMIT RULE PROGRAM - _- of this rule shalt be preceded by an "S". (3) For each numbered outfall, identify the mine diainage status regulated under section 7(a)(1) through 7(a)(4) of this rule. For numbered ou[falls regulated under section 7(b)(6) of [his rule, identify the outfall as discharging storm water. (4) The dry weather base flow value for each numbered outfall regulated under section 7(axl) through 7(a)(4) of [his tole. (5) A topographical map identifying the location of the coal mining operation, the receiving streams, and [he location of each numbered outfall. (b) The NOI letter must also include proof of pubtication of the following statement in a newspaper of largest circulation in the area of the discharge: "(Your facility name, address, address of the location of the discharging facility, and the stream(s) receiving the discharge(s)) is submitting aNotice of Intent letter to notify the Indiana Department ofEnvironmental Management of our intent to comply with the requirements under 327 IAC 15-7 to discharge wastewater associated with [he mining of coal, coal processing, and/or reclamation activities. Any person aggrieved by this action may appeal in writing to the Technical Secretary of the Water Pollution Control Board for an adjudicatory hearing on the question of whether this facility should opernte under this NPDES general permit rule. An appeal must be postmazked no later than fifteen (IS) days from the date of this public notice. Such a written request for an adjudicatory hearing must: (A) state the name and address of the person making the request; (B) identify the interest of the person making the request; (C) identify any persons represented by the person making the request; (D) state with particularity the reasons for the request; (E) state with particularity the issues proposed for consideration at the hearing; and (F) state with particularity the reasons why the NPDES general permit rule should not be available to the discharger identified in this notice. Any such request shall be mailed or delivered to: Office of Environmental Adjudication Indiana Govetnmen[ Center-North 100 North Senate Avenue, Room N1049 Indianapolis, Indiana 46204". (c) Following submittal of a NOI letter to IDEM and publication in the newspaper by the person requesting coverage under subsection (b), IDEM shall do the following: (])Review the NOI for applicability pursuant to section 3 of [his rule and for compliance with the requirements of subsection (a). (2) Lis[ [his facility, the NPDES general permit tracking number, and the information contained in this notice in a monthly publication to be distributed by IDEM to all persons who have asked to receive NPDES general permit rule notification. This monthly publication shall be issued by IDEM on the fifteenth day of every month and shall identify all facilities which met both the NOI and newspaper publication requirements in the preceding month. Requests to be placed on the NPDES general petmit rule notification list shall be mai]ed or delivered to the address at 327 IAC 15-3-1. IDEM's monthly publication will also contain the following instructions: "Any person aggrieved by this action may appeal in writing to the Technical Secretary of the Water Pollution Control Board for an adjudicatory hearing on the question of whether this facility should operate under [his NPDES general permit rule. An appeal must be postmarked no later than fifteen (15) days from the publication date ofthis public notice. Such a written request for an adjudicatory hearing must: (A) state the name and address of the person making the request; (B) identify the interest of the person making the request; (C) identify any persons represented by [he person making the request; (D) state with particularity [he reasons for the request; (E) state with particularity the issues proposed for consideration at the hearing; and (F) identify the NPDES general permit rule terms and conditions which, in the judgment of the person making the request, would be appropriate to satisfy [he requirements of the law governing this NPDES general petmit rule.Ifany person filing such objections desires any part of [his NPDES genernl permit rule to be stayed pending the outcome of the appeal, a specific request for such must be included in the request identifying [hose parts of the rule to be stayed Indiana Administrative Code Page 42 ! ~ ~~ ~,: NPDES GENERAL PERMIT RULE PROGRAM Any such request shall be mailed or delivered [o: Office of Environmental Adjudication Indiana Government Center-North 100 North Senate Avenue, Room N 1049 Indianapolis, Indiana 46204". (d) An amended NOI letter containing the information required in 327IAC IS-3 and subsection (a) shall be submitted for active or post mining areas and coal preparation plants and associated areas prior to initiating one (1) of the following events: (1) A point source discharge is added or deleted. (2) A change is made in mine drainage status to a point source discharge. (3) The point source discharge locazion is changed to a different receiving stream. (e) A copy of [he NOI letter and the amended NOI letter required under this section shall also be sent to the fol lowing address: Indiana Department ofNatural Resources Division of Reclamation R.R. #2, Box 129 Jasonville, Indiana 47438-95 ] 7 (WaterPollurionConiro[Baard; 327IAC IS-7-5; f+ledMay25, 1994, II:OOa.m.: !7lR2285; erratafi/edJul /1, 1994, 3:OOp.m.: 17IR 2657; readoptedfr[ed Jan 10, 2001, 3:23 p.m.: 24 /R 1518; errata filed Feb 6, 2006, !/: I S a.m.: 29 /R 1938: readopted filed Nov 2!, 2007, 1: 16p.m.: 200712/9-/R-327070553BFA) 327 IAC 15-7-6 Deadline for submittal of NOI letter; additional information Authority: IC 13-1-3-4; IC 13.1-3-7; IC 13-7-7; IC 13-7-]0-I Affected: IC 13-1-3; IC 13-7 Sec. 6. (a) For any person operntingunder an existing individual NPDES permit, that regulates a wastewater discharge affected ~~ by this NPDES general permit rule, the information required under 327 IAC I S-3 shall be submitted to the commissioner any time between the effective date of the existing individual NPDES permit and one hundred eighty (180) days prior to the expiration date of the existing individual NPDES permit, unless the commissioner determines Iha[ a later date is acceptable. For any person operating under an individual NPDES permit that regulates a wastewater discharge affected by this NPDES general permit rule and that has expired and has been administrntively extended, the information required under 327IAC 15-3 shall be submitted to the corn missioner within ninety (90) days ofthe effective date ofthisNPDES general permit mle, unless the commissioner determines that a later date is acceptable. - (b) For a person proposing a new discharge, the information required under 327 IAC ]5-3 shall be submitted to the commissioner fifteen (IS) days before the date on which the discharge is to commence as allowed in 327 IAC IS-3-3. (YVoter Pollution Control Board; 327/AC /5-7-6; filed May 25, 1994, II:OOa.m.: /7IR2287; readopted filed Jan /0, 2001, 3:23 p. m.: 24 IRl518; readopted filed Nov 21, 2007, 1:/6p.m.: 2007!219-IR-327070553BFA) 327 IAC 15-7-7 General conditions Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; 1C 13-7-10-I Affected: IC 13-1-3; IC 13-7 Sec. Z (a) A person regulated under this rule is authorized to discharge through the ouffalls identified in the NOI letter in accordance with this rule. Such discharges shall be limited and monitored as follows: (1) Discharges through outfalls identified as active mining areas, coal preparntion plants, and/or coal preparation plant associated areas designated as new source undetermined mine drainage status shall be limited and monitored as follows: Parameter Daily Minimum Dailv Average Daily Maximum Units Measurement Freguencv Sample Tvne Flow - Report Report MGD 2XMonthly Instantaneous TSS - 35 70 mg/1 2XMonthly Grab pH 6.0 - 9.0 s.u. 2XMonthly Grab Total iron - 3.0 6.0 mg/I 2XMonthly Grab Influent pH - Report Report Std. Monthly Grnb Influent total iron - Report Reporl mg/I Monthly Grab Indiana Administrative Code Page 43 i, NPDES GENERAL PERMIT RULE PROGRAM (2) Discharges through outfalls identified as active mining areas, coal preparation plants, and/or coal preparation plant associated areas designated as new source alkaline mine drainage status shall be limited and monitored as follows: Parameter Daily Minimum Daily Averaee Daily Maximum Units Measurement Freouencv Samole Tvoe Flow - Report Report MGD 2XMonthly Instantaneous TSS - 35 70 mg/I 2XMonthly Grab pH ~ 6.0 - 9.0 s.u. 2XMon[hly Grab Total iron - 3.0 6.0 mg/I 2XMonthly Grab (3) Discharges through outfalls identified as active mining aeeas, coal preparation plants, and/or coal preparation plant associated areas designated as new source acid mine drainage status'shall be limited and monitored as follows: Parameter Daily Minimum Daily Averaee Daily Maximum Units Measurement Freouencv Samole Twe Flow - Report Report MGD Weekly Instantaneous TSS - 35 70 mg/I Weekly Grab pH 6.0 - 9.0 s.u. Weekly Grab Total iron - ~ 3.0 6.0 mg/I Weekly Grab Total manganese - 2.0 4.0 mg/I Weekly Grab Total aluminum - Report Report mg/I Monthly Grab Total copper - Report Report mg/1 Monthly Grab Total zinc - Report Report - mg/1 Monthly Grab Total nickel - Report Report mg/I Monthly Grab (4) Discharges through outfalls identified as post mining areas shall be limited and monitored as follows: Parameter Daily Minimum Daily Average Daily Maximum Units Measurement Freouencv Samnle Tvoe Flow - - - - 4XYearly Instantaneous Settleable solids - Report 0.5 ml/I 4XYearly Grab pH 6.0 - 9.0 s.u. Once every reporting Grab period (b) A person regulated under this rule shall comply with the following additional discharge requirements: (1) The pH ofthe water contained in any water pollution trea[ment/con[rol facility cannot be adjusted by the use of anhydrous ammonia. The only approved water treatment additives for pH adjustment are: (A) sodium hydroxide; (B) hydrated lime; (C) calcined (unslaked or quick) lime; (D)sodaash; (E) lime; (F) sodium bicarbonate; or (G) other water treatment additive approved by the Indiana department of environmental management. (2) The discharge shall not cause excessive foam in the receiving waters. (3) The discharge shall be essentially free of floating and settleable solids. (4) The discharge shall no[ contain oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters. (5) The discharge shall be free of substances that are in amounts sufficient to be unsightly or deleterious or which produce color, odor, or other conditions in such a degree as to create a nuisance. (6) For discharges of storm water run-off composed entirely of flows from conveyances used for collecting and conveying precipitation run-off which are contaminated by contact with overburden, coal product, coal byproduct, or coal waste located on the site and do no[ otherwise report to a NPDES discharge point regulated under [his rule, the permittee shall use best management practices including, but not limited [o, secondary sedimentation control structures such as rip rap, straw dikes, check dams, mulch, dugouts, or other measures that reduce overload flow velocity, reduce run-offvolume, or trap sediment to control run-off from such areas. Compliance with this subdivision obviates [he need to comply with 327 IAC 15-6. (c) A person regulated under subsection (a)(1) through (a)(3) may choose to apply the following alternate effluent limitations to a discharge when the discharge flow rate exceedsthe dry weatherbase flow based on the precipitation events identified as follows: (1) If a precipitation event is less than or equal to the 10-year, 24-hour storm event, the following limitations may apply instead of the limitations listed in subsection (a): Indiana Admmistrattve Code Page 44 ~~ ~!: NPDES GENERAL PERMIT RULE PROGRAM (A) pH is limited [o the range of six (6.0) to nine (9.0). (B) Settleable solids are limited to a maximum concentration offive-tenths (0.5) mUl. (2) If a precipitation even[ is greater than the I O-yeaz, 24-hour storm event, only pH is limited to the range of six (6.0) to nine (9.0). These alternate limits are not applicable to dischazges which occur during dry weather base flow. (d) A person regulated under [his rule shall comply with the following sampling requirements: (I) When possible, grab samples shall be taken two (2) times per month with one (1) sample representative of the dry weather base flow and one (1) sample representative of a precipitation event. In the event that only one (1) discharge event or no discharge occurred during a monthly reporting period, the monthly discharge monitoring report shall so state. (2) Samples taken in compliance with the monitoring requirements in this section shall be taken at a point representative of the discharge but prior to entry into waters of Indiana. (3) The analytical and sampling methods used shall conform to the current version of 40 CFR 136 as referenced in 327IAC 5-2-13(d)(I). (4) Samples and measurements taken as required in [his section shall be representative of the volume and nature of the monitored discharge. (e) A person regulated under this rule shall comply with the following reporting requirements: (1) Under subsection (c), for reporting purposes, a person regulated under this rule shall report on the monthly discharge monitoring report all analytical results and identify on an attachment to [his report the analytical results that were reported under subsection (c) and state the duration and volume of the precipitation event. Failure to submit [he necessary information with the monthly discharge monitoring report wit I disqualify the discharge from the altemate effluent limitations and may lead to a violation of [his rule. (2) For aeeas designated as new source undetermined mine drainage status, influent pH and influent total iron are [o be monitored for a six (6) month period to determine whether they are present in significant quantities. A[ the end of this sampling period, a person regulated under this rule may request, in writing, to the permits section at the address I fisted in 327 IAC 15-3-1, a review of these requirements. Upon review and approval by the Indiana department of environmental management, monitoring for influent pH and influent iron may cease, if appropriate, without public notice or comment. (3) For areas designated as new source acid mine drainage status, total aluminum, total copper, total zinc, and total nickel are to be monitored for one (1) year to determine whether they are present in significant quantities. At the end of this sampling period, a person regulated under this rule may request, in writing, to the petmits section at the address listed in 327IAC 15-3- I, a review of these requirements. Upon review and approval by the Indiana department of environmental management, monitoring for total aluminum, total copper, total zinc, and total nickel may cease, if appropriate, without public notice or comment. (4) Monthly discharge monitoring reports shall be submitted to the data management section a[ the address listed in 327IAC I S-3-1, containing results obtained during the previous month and shall be postmarked no later than thetwenty-eighth day of the month following each completed monitoring period. During a month in which no discharge occurs, the person regulated under this rule shall submit the report stating that no discharge occurred. _ (5) For each measurement or sample taken pursuant to the requirements of this rule, the facility shall record the following information: (A) The exact place, date, and time of sampling. (B) The person(s) who performed the sampling or measurements. (C) The dates the analyses were performed. (D) The person(s) who performed the analyses. (E) The analytical techniques or methods used. (F) The results of all required analyses. (6) Monitoring of any pollutant at the location(s) identified in the NOI letter more frequently than required under this rule, using approved analytical methods, the results of such monitoring shall be included in the calculation and reporting of the values required in monthly discharge monitoring report. Such increased frequency shall also be indicated in this report. (7) All records and information resulting from the monitoring activities required under this rule, including all records of analyses performed and calibration and maintenance of instrumentation, shall be retained for a minimum of three (3) years. When the original records are kept at another location, a copy ofall such records shall be kept at [he facility. The three (3) year period shall be extended: • Indiana Administrative Code - Page 45 ~, NPDES GENERAL PERMIT RULE PROGRAM - .. (A) automatically during the course of any unresolved litigation regarding the discharge of pollutants by the facility or regarding promulgated effluent guidelines applicable to the facility; or (B) when requested by the regional administrator or [he Indiana department of environmental management. (Water Pollution Control Board; 327IAC l 5-7-7; filed May 25, 1994, 11: 00 a. m.: 17IR 2287; errata filed Jul ll, 1994, 3: 00 p.m.: 17 /R 2657; readopted filed Jan J0, 2001, 3:23 p. m.: 24 IR 1518; readopted filed Nov ZI, 2007, 1:16 p. m.: 20071219-IR- 327070SS38FA) 327 IAC 15-7-8 Standard conditions Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7;IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. 8. In addition to the conditions set forth in this rule, the standard conditions for the NPDES general permit rule under 327 IAC I S-4 shall apply also to this rule. (Water Pollution Control Board; 327IAC /5-7-8; filed May 25. 1994, 11:00 o. m.: 171R 2289; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 2007/119-IR-327070S53BFA) 327 IAC 15-7-9 Inspection and enforcement Authority: IC 13-1-3-4; IC ]3-I-3-7; IC 13-7-7; IC ]3-7-10-I Affected: IC 13-1-3; IC ]3-7 Sec. 9. (a) [n accordance with 327IAC 5-1-3(c), the commissioner and/or designated representative may inspect any facility regulated under this rule at any time. (b) Any person violating any provision of this tole shall be subject to enforcement and penalties as set forth under 327 IAC 15-1-4. (Water Pollution Control Board; 327lAC 15-7-9; filed May 25, 1994, ! 1: 00 a. m.: l71R 2289; readoptedfiled Jan 10, 2001, 3:13 p. m.: 241R 1518; readopted filed Nov 2!, 2007, 1:16 p.m.: 20071219-/R-317070553BFA) 327IAC 157-10 Duration of coverage .~,, Authority: IC 13-1-3-4; IC t3-I-3-7; IC 13-7-7; IC 13-7-10-I Affected: IC 13-I-3; IC 13-7 Sec. 10. Coverage under this rule is granted by [he commissioner for a period of five (5) years from the date covernge commences. To obtain renewal of coverage under this general permit rule, [he information required under 327 [AC 15-3 shall be submitted to [he commissioner within ninety (90) days of the termination of coverage under this NPDES general permit rule, unless the commissioner determines that a later date is acceptable. (Water Pollution Control Board; 327IAC /5-7-10; filed May 2S, 1994. 11: OO a. m.: 17IR 2289; readoptedfiled Jan 10, 2001, 3:23 p. m.: 247R 1518; readoptedfiled Nov 11, 1007, 1:16p. m.: 20071219-IR- 327070553BFA) Rule 8. Facilities Discharging Nomcontact Cooling Water 327IAC 158-1 Purpose Authority: IC 13-I-3-4; 1C 13-1-3-7; IC 13-7-7; IC 13-7-10-I Affected: IC 13-1-3; IC 13-7 Sec. I. The purpose of this rule is to regulate the discharge of once through noncontact cooling water which is free from wastewater generated by manufacturing processes and othertypes of wastewater discharges so that the public health, existing water uses, and aquatic biota are protected. (Water Pollution Control Board; 327IAC 15-8-l; filed May 25, 1994, ! 1:00 a. m.: 17 /R 2289; readopted filed Jan 10, 2001, 3:23 p.m.: Z4 /R 1518; readopted filed Nov 21, 2007, !:I ri p. m.: 200712/9-IR-3270705S3BFA) 327IAC 15-8-2 Definitions Authority: IC 13-14-8; IC 13-14-9; IC 13-]5-I-2; IC 13-IS-2-1; IC ]3-IS-3 Affected: [C 13-II-2; IC 13-IS-4 Indtana Administrative Code Page 46 ..~ NPDES GENERAL PERMIT RULE PROGRAM Sec. 2. In addition to the definitions contained in IC 13-1 I-2, 327IAC 5, and 327IAC I S-I-2, the following definitions apply throughout this rule: (I) "Concentration' means the mass of any given material present in a unit volume of liquid Unless otherwise indicated in this rule, concentration values shall be expressed in milligrams per liter (mg/I). (2) "Once through noncontac[ cooling water' means cooling water [hat is: (A) used for the sole purpose of removing unwanted heat from a process; (B) only makes one (1) pass through a unit that exchanges heat between the process and the cooling water (genernlly a heat exchanger); and (C) does not come into contact with any raw material or manufactured product. In the context of this rule, the term excludes discharges from steam electric power generation facilities defined under 40 CFR 423. (3) "Settleable solids" means that matter measured by the volumetric method specified in 40 CFR 434.64, which is as follows: (A) Fill an Imhoffcone to the one (1) liter mark with a thoroughly mixed sample. (B) Allow to settle undisturbed for forty-five (45) minutes. (C) Gently stir along the inside surface of the cone with a stirring rod. (D) Allow to settle undisturbed for fifteen (15) minutes longer. (E) Record [he volume of settled material in the cone as milliliters per liter (ml/I). Where a separation of settleable and floating materials occurs, do not include the floating material in the reading. The method detection limit for measuring settleable solids shall be four-tenths (0.4) mUl. (Water Pollution Contra! Baard; 327IAC /5-8-2; filed May Z5, 1994, 11:00 a. m.: 171R 2289; filed Jan !4, 1997, 12:00 p. m.: 20 IR 1477; readopted filed Jan 10, 200!, 3:23 p. m.: 24 /R /518; readopted filed Nov 21, 2007, 1:16 p. m.: 20071219-IR- 3270705538FAJ 327IAC IS-8-3 Applicability ~~ Authority: IC 13-14-8; IC 13-14-9; IC 13-15-I-2; IC 13-15-2-I; IC 13-18-3 Affected: IC 13-11-2; IC 13-18-4 Sec. 3. This rule applies to all persons who: (1) meet the NPDES genernl permit rule applicability requirements under 327IAC 15-2-3 or have an existing point source dischazge of wastewater controlled by a valid NPDES permit; and (2) is not a steam electric power generating station as defined under 40 CFR 423. (Water Pollution Control Board; 327 /AC I5-8-3; filed May 25, 1994, 11:00 a. m.: 17IR 2290; errata filed Jul / 1, 1994, 3:00 p. m.: /77R 2657; fi/edJan /4, 1997, l2.~OOp.m.: 20/R /477; readoptedfiledJan 10, 2001, 3:23 p. m.: 241R 1518; readopted filed Nov 21, 2007, l:16p.m.: 200712/9-/R-327070553BFA) 327IAC 15-8-4 General permit rule boundary Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; [C 13-7-10-I Affected: IC 13-1-3; IC 13-7 Sec. 4. Facilities existing within the boundaries of Indiana affected by this rule are regulated under this rule. (Water Pollution Control Board; 327IAC IS-8-4; filed May 25, 1994, 1 /: 00 a.m.: 17IR 2290; readoptedfiledJan 10, 2001, 3:23 p. m.: 24 /R 1518; readopteditledNov21, 2007, l:l6p.m.; 200712!9-/R-327070553BFA) 327IAC 15-8-5 NOI letter requirements under this rule Authority: IC 13-1-3-4; IC 13-I-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC I3-1-3; IC 13-7 Sec. 5. (a) In addition to the NOI letter requirements under 327IAC 15-3, a person regulated under this rule must identify in the NOI letter each point source discharge of noncon[act cooling water. This identification of point source discharge shall include the following: (1) The discharge location of each outfall and its associated receiving stream. Indiana Administrative Code Page 47 NPDES GENERAL PERMIT RULE PROGRAM (2) The type of wastewater dischazged through each outfall. (3) An identifying outfall number. The numbering shall start at 001 for the first outfall, 002 for the second outfall, and continue in that manner until all outfalls are numbered. (4) A listing of all water treatment additives approved for use by the Indiana department of environmental management and in use at the time of this submittal. (b) The NOI letter must also contain proof of publication of the following statement in a newspaper of largest circulation in the azea of the discharge: "(Your facility name, address, address of the location ofthe discharging facility, and the stream(s) receiving the discharge(s)) is submitting aNotice of Intent letterto notify the Indiana Department of Environmental Management of our intent to comply with the requirements under 327 IAC I S-8 to discharge wastewater associated with noncontact cooling water. Any person aggrieved by this action may appeal in writing to the Technical Secretary of the Water Pollution Control Board for an adjudicatory hearing on the question ofwhether this facility should operate underthis NPDES general permit rule. An appeal must be postmarked no later than fifteen (IS) days from the date of this public notice. Such a written request for an _ adjudicatory hearing must: (A) state the name and address of the person making the request; (B) identify the interest of the person making the request; (C) identify any persons represented by the person making the request; (D) state with particularity the reasons for the request; (E) state with particularity the issues proposed for consideration at the hearing; and (F) state with particularity the reasons why the NPDES general permit tole should not be available to the discharger identified in this notice. Any such request shall be mailed or delivered to: Office of Environmental Adjudication Indiana Government Center-North 100 North Senate Avenue, Room N1049 Indianapolis, Indiana 46204". i ,, (c) Following submittal of a NOI letterto IDEM and publication in [he newspaper by the person requesting coverage under -~ subsection (b), IDEM shall do the following: (1) Review [he NOI for applicability pursuant to section 3 of this rule and for compliance with the requirements of subsection (a). (2) Lis[ [his facility, the NPDES genera] permit tracking number, and [he information contained in this notice-in a monthly publication to be distributed by IDEM to all persons who have asked to receive NPDES general permit rule notification. This monthly publication shall be issued by IDEM on the fifteenth day of every month and shall identify all facilities which met both the•NOI and newspaper publication requirements in the preceding month. Requests to be placed on the NPDES general permit rule notification list shall be mailed or delivered to the address at 327 IAC 15-3- 1. (d) TDEM's monthly publication will also contain the following instructions: "Any person aggrieved by this action may appeal in writing to the Technical Secretary of the Water Pollution Control Board for an adjudicatory hearing on the question of whether this facility should operate under this NPDES general permit rule. An appeal must be postmarked no laterthan fifteen (I S) days from the publication date ofthis public notice. Such a written request for an adjudicatory hearing must: (A) state the name arid address of the person making the request; (B) identify the interest of the person making the request; (C) identify any persons represented by [he person making the request; (D) state with particularity the reasons for the request; (E) state with particularity the issues proposed for consideration at the hearing; and (F) identify [he NPDES general permit rule terms and conditions which, in the judgment of the person making the request, would be appropriate to satisfy the requirements of the law governing this NPDES genernl permit rule. If any person filing such objections desires any part ofthis NPDES general permit rule to be stayed pending the outcome of the appeal, a specific request for such must be included in the request, identifying those parts of the rule to be stayed. Any such request shall be mailed or delivered to: Indiana Administrntive Code Page 48 ~_ lm. ~~~. ~~~ NPDES GENERAL PERMIT RULE PROGRAM Office of Errvironmental Adjudication Indiana Government Center-North 100 North Senate Avenue, Room N1049 Indianapolis, Indiana 46204". (WaterPollu[ionControlBoard; 327/ACTS-B-S; filed May 25, 1994, II:OOa.m.: 17lR2290; errata filedJu/!1, /994, 3:OOp.m.: 17IR2657; readopted filed Jan /0, 2001, 3:23 p. m.:24IR1518; errata filed Feb 6, 2006, 1/:ISa.m.: 291R /938; readoptedfi[ed Nov Zl, 2007, 1: /6 p.m.: 2007!119-lR-377070553BFA) 327 L4C 15-8-6 Deadline for submittal of NOl letter; additional information Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-]0-I Affected: IC 13-1-3; IC 13-7 Sec. 6. (a) For any person operating under an existing individual NPDES permit, that regulates a wastewater discharge affected by this NPDES general permit rule, the information required under 327IAC 15-3 shall be submitted to [he commissioner any time between the effective date of the existing individual NPDES permit and one hundred eighty (180) days prior to the expiration date ofthe existing individual NPDES permit, unless the commissioner determines that a later date is acceptable. For any person operating under an individual NPDES permit that regulates a wastewater discharge affected by this NPDES general permit rule and that has expired and has been administratively extended, the information required under 327IAC 15-3 shall be submitted to [he commissioner within ninety (90) days of the effective date of this NPDES general permit rule, unless the commissioner determines that a later date is acceptable. (b) For a person proposing a new discharge, the information required under 327 IAC 15-3 shalt be submitted to the commissioner fifteen (15) days before the date on which the discharge is to commence as allowed in 327 IAC IS-3-3. (Water Pollution Control Board; 327 /AC /5-8-6; filed May 25, /994, 1 /:00 a. m.: 17 /R 2291; readopted filed Jan l0, 2001, 3:23 p. m.: 24 /R 1518; readopted filed Nov 21, 2007, /: 16 p. m.: 2007/219-/R-327070553BFA) 327IAC 15-8-7 General conditions Authority: 1C 13-I-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-I-3; IC 13-7 Sec. 7. (a) A person regulated under this rule is authorized to discharge noncontact cooling water through the outfalls identi fled in the NOI letter in accordance with this rule. Such discharge shall be limited and monitored as follows: Parameter Daily Minimum Daily Maximum Monthly Averaee Units Measurement Frenuencv Sample Tvoe Flow - - - - 2XMonthly Instantaneous Oil and grease - Report Report mg/I 2XMonthly Grab Temperature - Report Report °F 2XMonthly Grab pFl 6.0 9.0 - s.u. 2XMonthly Grab - (b) A person regulated under this rule shall comply with the following additional discharge requ'vements: (1) ]foil and grease is measured in the effluent in detectable quantities, the source of such discharge is to be investigated and eliminated and the findings submitted to the permits section at the address listed in 327IAC IS-3-l. (2) The efi7uent temperature or mixed receiving stream temperature (when there is receiving stream flow) shall not exceed the maximum limits in [he following table more than one percent (1%) of the hours in a twelve (t 2) month period ending with any month: Janes February March Aori1 May June 50 50 60 70 80 90 Maximum Temperature (°F1 July Aueus[ September October November December 90 90 90 78 70 57 At no time shall the water temperature exceed the maximum limits in the table by more than three degrees Fahrenheit (3°F). (3) The discharge shall not cause excessive foam in the receiving waters. (4) The discharge.shall be essentially free of floating and settleable solids. (5) The discharge shall not contain oil or other substances in amounts sufficient to create a visible film or sheen on the ~,;,~ Indiana Administrative Code Page 49 ~..I NPDES GENERAL PERMIT RULE PROGRAM ... receiving waters. (c) A person regulated under this rule shall comply with the following sampling requirements: (1) Samples taken in compliance with [he monitoring requirements in this section shall be taken at a point representative of the discharge but prior to entry into waters of Indiana (2) The analytical and sampling methods used shall conform to the current version of 40 CFR 136 as referenced m 327 IAC 5-2-13(d)(1). (3) Samples and measurements taken as required in this section shall be representative of the volume and nature of the monitored discharge. (d) A person regulated under this rule shall comply with the following reporting requirements: (I) Monthly discharge monitoring reports shall be submitted to the data management section at the address listed in 3271AC 1 S-3-I, containing results obtained during the previous month and shall be postmarked no later than the twenty-eighth day of the month following each completed monitoring period. During a month in which no discharge occurs, the person regulated under [his rule shall submit the report stating that no discharge occurred. (2) For each measurement or sample taken pursuant to the requirements of this rule, the facility shall record the following information: (A) The exact place, date, and time of sampling. (B) The person(s) who performed the sampling or measurements. (C) The dates the analyses were performed. (D) The person(s) who performed the analyses. (E) The analytical techniques or methods used. (F) The results of all required analyses and measurements. (3) Monitoring of any pollutant at the location(s) identified in [he NOI letter more frequently than required under [his rule, using approved analytical methods, the results of such monitoring shall be reported as additional information on a monthly discharge monitoring report. Such increased frequency shall also be indicated. (4) All records and information resulting from the monitoring activities required under this rule, including all records of • analyses performed and calibration and maintenance of instrumentation, shall be retained for a minimum of three (3) years. When the original records are kept at another location, a copy ofall such records shall be kept at the facility. The three (3) year period shall be extended: (A) automatically during the course of any unresolved litigation regarding the dischazge of pollutants by the Facility or regarding promulgated effluent guidelines applicable to the facility; or (B) when requested by the regional administrntor or the Indiana department of environmental management. (5) Prior approval must be obtained from the Indiana department of environmental management before using any water treatment additive [hat was not reported in the NOI letter under section 5(a)(4) of this rule. The request for approval shall be submitted, as required in 327 IAC IS-4-3, to the permits section at [he address listed in 327 IAC 15-3-1. The request must contain all acute and chronic toxicity data available concerning the additives. (Water Pollution Control Board; 327 /AC IS-8-7; filed May 25, 1994, Il:00 a. m.: /71R 2291; readoptedfiled Jan 10, 2001, 3:23 p. m.: 24 IR l5l8; readopted filed Nov 21, 2007, 1: 16 p. m.: 2007/2!9-IR-327070553BFA) 327 IAC 15-8-8 Standard conditions Authority: IC 13-1-3-4; IC 13-]-3-7; IC 13-7-7; IC 13-7-]0-1 Affected: [C 13-1-3;iC 13-7 Sec. 8. In addition [o the conditions se[ forth in this rule, the standard conditions for the NPDES general permit rule under 327 IAC I S-4 shall apply also to this rule. (Water Pollution Control Boord,~ 327lAC I5-8-8; filed May 25, 1994, 11:00 0. m.: 17IR 2292; readopted filed Jan 10, 2001, 3.23 p.m.: 24IR 1 SlB; readopted fried Nov 21, 2007, 1:16 p. m.: 200 712 /9-/R-327070553BFA) 327 [AC 15-5-9 Inspection and enforcement Authority: IC 13-I-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-I Affected: IC 13-1-3; IC 13-7 Sec. 9. (a) The commissioner and/or designated representative may inspect any facility regulated under this rule at any time. Indtana Admmrstra[rve Code Page 50 ~. NPDES GENERAL PERMIT RULE PROGRAM (b) Any person violating any provision ofthis rule shall be subject to enforcement and penalty as set forth under 327IAC 15-1- 4. (Water Pollution Cortro[ Board; 327lAC 15-8-9; filed May Z5, I994, I7: 00 a. m.: 171R 2292; readopted filed Jan 10, 2001, 3:23 p. m.: 24IR1518; readopteditledNov2l.2007, I:16p.m.: 20071119-IR-327070553BFA) 327IAC 15-8-]0 Duration otcoverage Authority: IC 13-1-3-4; IC 13-]-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. l0. Coverage under this rule is granted by [he commissioner for a period of five (5) years from the date coverage commences. To obtain renewal of coverage under this general permit rule, the information required under 327IAC 15-3 shall be submitted to the commissioner within ninety (90) days of the termination of coverage under this NPDES general permit rule, unless the commissioner determines that a later date is acceptable. (Water Pollution Control Board; 327IAC I5-8-10; filed May 25, 1994, / 1.'00 a. m.: 77IR 2292; readopredfiledJan J0, 2001, 3.'23 p. m.: 24 /R 1518; readoptedfi(ed Nov 21, 2007, 1:16 p. m.: 200711!9-IR- 327070553BFA) Rule 9. Wastewater Discharge Associated with Petroleum Products Terminals 327 [AC 15-9-1 Purpose Authority: IC 13-1-3-4; IC 13-1-3.7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. 1. The purpose ofthis rule is [o establish discharge requirements for point source discharges for wastewater associated petroleum products terminals so that the public health, existing water uses, and aquatic biota are protected. (Water Pollution Contro[ Board; 317IAC 15-9-1; filed May 25, 1994, 11:00 a. m.: / 7 /R 2292; readoptedfi/ed Jan 10, 2001.3:23 p. m.: 24 /R 15/8; readopted filed Nov 21, 2007, 1: 16 p. m.: 2007/219-IR-327070553BFA) '6 327IAC 15-9-2 Definitions Authority: IC 13-I-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-I Affected: IC ]3-I-3-1.S;IC 13-7-1 Sec. 2. In addition [o the definitions contained in IC 13-7-1 and IC 13-1-3-L5 and in 327 IAC 5 and 327IAC I5-1-2, the following definitions apply throughout this rule: (1) "Concentration" means [he weight of any given material present in a unit volume of liquid. Unless otherwise indicated in this rule, concentration values shall be expressed in milligrams per liter (mg/1). (2) "Daily maximum concentration" means [he daily determination of concentration for any calendar day. (3) "Monthly average concentration" means the arithmetic average (proportional to flow) of all daily determinations of concentration made during a calendar month. Dailydeterminations of concentration made using a composite sample shall be the concentration ofthe composite sample. When grab samples are used, the daily determination of concentration shall be the arithmetic average (weighted by flow value) of all the samples collected during the calendar day. (4) "Petroleum products terminals" means an area where petroleum products are supplied by pipeline or barge; where petroleum products are stored in aboveground tanks; where pevoleum products are transferred to trucks for transport to other locations; or where petroleum products are stored in aboveground tanks and are transferred [o trucks for transport to other locations. (5) "Wastewater discharge associated with petroleum products terminal" means the discharge from any conveyance, used for collecting and conveying wastewater which is directly related to the stornge area of the petroleum products terminal. This includes storm water run-off, tank bottom water, and water used for hydrostatically testing the storage tanks. (Water Pollution Contro! Board,' 327IAC I5-9-2; filed May 25, /994, 11:00 a. m.: 177R 2293; readopted fi/ed Jan 10, 2001, 3:73 p. m.: 247R 1518; readopted filed Nov 21, 2007, 1:76 p. m.: 2 00 712 1 9-IR-327070553BFA) Indiana Administrntive Code ~ _ - Page 51 ~;: NPDES GENERAL PERMIT RULE PROGRAM 327 IAC 15-9-3 Applicability Authority: IC 13-14-8; IC 13-14-9; IC 13-IS-1-2; IC 13-IS-2-t; IC 13-18-3 Affected: IC 13-11-2; IC 13-18-4 Sec. 3. This rule applies to all persons who: (1) meet the NPDES general penni[ rule applicability requirements under 327 IAC 15-2-3; or (2) have an existing point source discharge of treated wastewater controlled by a valid individual NPDES permit. (Water Pollution Control Board; 327IAC IS-9-3; filed May 25, /994, 11:00 a. m.: 171R 2293; filed Jan 14, 1997, 12:00 p.m.: 20 IR /478; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readapted filed Nov 21, 2007, /:16 p. m.: 2007l219dR- 3270705538FA) 327IAC 15-9-4 General permit rule boundary Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC I3-7-10.1 Affected: IC 13-I-3; IC 13-7 Sec. 4. Facilities existing within the boundaries of Indiana affected by [his rule are regulated under this rule. (Water Pollution Control Board; 327IAC IS-9-4; filed May 15, 1994, 1l: 00 a. m.: 17IR 2293; readoptedf+led Jan 10, 2001, 3:23 p. m.: 24IR 1518; readopted filed Nov 21, 2007, 1:16 p. m.: 20071219-IR-327070553BFA) 327IAC 15-9-5 Notice of intent letter requirements under this rule Authority: IC 13-I-3-4; IC 13-1-3-7; IC 13.7-7; IC 13-7-IO-I Affected: IC 13-1-3; IC I3-7 Sec. 5. (a) In addition [o [he NOI letter requirements contained in 327 IAC 15-3, a person regulated under this mle must identify in the NOI letter each point source dischazge of storm water run-off, tank bottom water, and hydrostatic test water. This identification of point source discharge shall include the following: _ (1) The discharge location of each outfall and its associated receiving stream. ~- (2) The type of wastewater discharged through each outfall. (3) An identifying outfall number. The numbering shall start at 001 forthe first outfall, 002 for the second outfall, and continue in that manner until all outfalls are numbered. (b) The NOI letter must also include proof of publication of the following statement in a newspaper of largest circulation in the area of the discharge: "(Your facility name, address, address of the location of the discharging facility, and [he stream(s) receiving the discharge(s)) is submitting aNo[ice of Intent letter to notify the Indiana Department of Environmental Management of our intent to comply with the requirements under 327IAC I S-9 to discharge wastewater associated with petroleum products terminals. Any person aggrieved by [his action may appeal in writing to the Technical Secretary of the Water Pollution Control Boazd for an adjudicatory hearing on [he question of whether this facility should operate under this NPDES general permit rule. An appeal must be postmarked no later than fifteen (IS) days from the date of [his public notice. Such a written request for an adjudicatory hearing must: (A) state the name and address of the person making the request; (B) identify the interest of the person making the request; (C) identify any persons represented by the person making the request; (D) state with particularity the reasons for the request; (E) state with particularity the issues proposed for consideration at the hearing; and (F) state with particularity the reasons why the NPDES general permit rule should not be available to the discharger identified in this notice. Any such request shall be mailed or delivered [o: Office of Environmental Adjudication Indiana Government Center-North 100 North Senate Avenue, Room N1049 Indianapolis, Indiana 46204". Indiana Administrative Code ~ Page 52 NPDES GENERAL PERMIT RULE PROGRAM (c) Following submittal of a NO[ letter [o IDEM and publication in the newspaper by the person requesting coverage under subsection (b), IDEM shall do the following. (I) Review [he NOI for applicability pursuant to section 3 of this mle and for compliance with the requirements of subsection (a). (2) List this facility, the NPDES general permit tracking number, and the information contained in this notice in a monthly publication to be distributed by IDEM [o all persons who have asked to receive NPDES general permit mle notification. This monthly publication shall be issued by IDEM on the 15th day of every month and shall identify all facilities which met both the NOI and newspaper publication requirements in the preceding month. Requests to be placed on the NPDES general permit mle notification list shall be mailed or delivered to the address at 327IAC ] 5-3- (d)1DEM's monthly publication will also contain the following instmctions: "Any person aggrieved by this action may appeal in writing to the Technical Secretary of the Water Pollution Control Board for an adjudicatory hearing on the question of whether this facility should operate under this NPDES general permit rule. An appeal must be postmarked no later than fifteen (15) days from the publication date of this public notice. Such a written request for an adjudicatory hearing must: (A) state the name and address of the person making the request: (B) identify the interest of the person making the request; (C) identify any persons represented by the person making the request; (D) state with particularity the reasons for the request; (E) state with particularity the issues proposed for consideration at the hearing; and (F) identify the NPDES general permit rule terms and conditions which, in the judgment of the person making the request, would be appropriate to satisfy the requirements of the law governing this NPDES general permit rule. If any person filing such objections desires any part of this NPDES general permit rule to be stayed pending the outcome of the appeal, a specific request for such must be included in the request, identifying those parts of the rule to be stayed. Any such request shall be mailed or de]ivered to: "-~ Office of Environmental Adjudication Indiana Government Center-North 100 North Senate Avenue, Room N1049 Indianapo]is, Indiana 46204". (Water Pollution Control Board, 327IAC l 5-9-5; filed May 25, 1994, ! /: 00 a. m.: 17 /R 2193; errata filed Jul Il, 1994, 3:00 p.m.: 17IR2657; readopted filed Jan 10, 2001, 3:23 p. m.: 241R ISlB; errata filed Feb 6, 2006, II:ISa.m.: 297R 1938; readoptedfrled Nov 21, 2007, l:76p.m.: 20071219-IR-327070553BFA) 327IAC 15-9-6 Deadline for submittal of NOI letter; additional information Authority: IC 13-1-3-4; IC I3-1-3-7; IC 13-7-10-1 Affected: IC 13-t-3; IC 13-7 Sec. 6. (a) For any person operating under an existing individual NPDES permit, that regulates a wastewater dischazge affected by this NPDES general permit rule, the information required under 327 IAC 15-3 shall be submitted [o the commissioner any time between the effective date of the existing individual NPDES permit and one hundred eighty (180) days prior to the expiration date ofthe existing individual NPDES permit, unless the commissioner determines that a later date is acceptable. For any person operating under an individual NPDES permit that regulates a wastewater dischazge affected by [his NPDES general permit rule and that has expired and has been administratively extended, the information required under 327IAC 15-3 shall be submitted [o the commissioner within ninety (90) days ofthe effective date ofthis NPDES general permit rule, unless the commissioner determines that a later date is acceptable. (b) For a person proposing a new discharge, the information required under 327 IAC IS-3 shall be submitted [o the commissioner fifteen (15) days before the date on which the discharge is to commence as allowed in 327 IAC 15-3-3. (Water Pollution Control Baard,~ 327 LAC I5-9-6; fr[ed May 25, 1994, 17:00 a. m.: 17IR 2294; readoptedfrled Jan 10, 2001, 3:23 p. m.: 24 /R 1518; readapted filed Nov 21, 2007, 1: !6 p. m.: 20071219-/R-327070553BFA) Indiana Administrative Code - Page 53 s, NPDES GENERAL PERMIT RULE PROGRAM - - 327IAC 15-9-7 General conditions Authority: IC 13-1-3-4; IC 13-I-3-7; IC 13-7-7; IC 13-7-10-1 Affected: [C 13-1-3; IC 13-7 Sec. 7. (a) A person regulated under this rule is authorized [o discharge storm water mn-off, tank bottom water, and hydrostatic test waterthrough the outfalls identified in the NOI letter in accordance with this rule. Such dischazge shall be limited and monitored as follows: Monitoring Requirements Parameter Monthly Avernee Daily Maximum .Units Measurement Frequency Samo]e Tvoe Flow Report Report MGD 2XMort[hly Instantaneous Oil & grease 10 I S mg/I 2XMonthly See subsection (c)(2) Total VOC Report Report mg4 See subsection (c)(3) Grab TOC Report Report mgA See subsection (c)(3) Grab Ammonia (as N) Report Report mg/1 See subsection (c)(3) See subsection (c)(4) Benzene Report Report mg/1 See subsection (c)(3) Grab Total cyanide Report Report mg/1 See subsection (c)(3) See subsection (c)(4) Lead Report Report mg/I See subsection (c)(3) See subsection (c)(4) TSS 30 45 mg/I 2XMonthly See subsection (c)(4) (b) A person regulated under this rule shall comply with the following additional discharge requirements: (1) Tank bottom water shalt not be discharged to any diked areas. Tank bottom water may be discharged directly through any outfall regulated under this rule. (2) The pH shall not be less than six (6.0) or greater than nine (9.0) standazd units. The pH shall be monitored by a monthly grab sample. (3) The discharge shall not cause excessive foam in [he receiving waters. (4) The discharge shall be essentially free of floating and settleable solids. (5) The discharge shall not contain oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters. (6) The discharge shall be free of substances [ha[ aze in amounts sufficient to be unsightly or deleterious, or which produce color, odor, or other conditions in such a degree as to create a nuisance. (c) A person regulated under this rule shall comply with the following sampling requirements: (1) The analytical and sampling methods used shall conform to the current version of 40 CFR l36 as referenced in 327IAC 5-2-13(d)(1). (2) A minimum of four (4) grab samples shall be collected at equally spaced time intervals during aforty-five (45) minute period. Each sample shall be analyzed individually, and [he arithmetic mean ofthe measured concentrations shall be reported asYhe value for the twenty-four (24) hour period. (3) On days when tank bottom water is discharged or tanks are hydrostatically tested, a person regulated under [his rule shall monitor for these parameters DAILY. This sampling must occur during the time of discharge. (4) A minimum of four (4) equal volume grab samples shall be taken at equally spaced intervals during the period in which tank bottom water is being discharged, or during a forty-five (45) minute period iftank bottom water is not being discharged. The four (4) grab samples shall be composited prior to analysis. (5) Total volatile organic compounds (VOCs) shall be characterized by an organic chemical scan. Wastewater samples shall be prepared and analyzed in accordance with U.S. EPA Analytical Method 624 (40 CFR t36, Appendix A), as referenced in 327IAC 5-2-13(d)(1). During the quantitative analysis for total VOCs, the additional organic compounds that are no[ listed as priority pollutants in Method 624 shall be identified and quantified. This identification and quantification shall be made when these additional organic compounds are indicated to be present in the extracts by peaks on the reconstructed gas chromatograms (total ion plots) in magnitudes of more than ten (10) times higher than the peak-[o-peak background noise. Identification shall be by reference to the EPA/NIH computerized library of mass spectra, with visual confinna[ion by an experienced analyst. Quantification may be an order of magnitude estimate based upon comparison with an intemat standard. (6) Lead is intended to be analyzed by a test method which will measure the quantity ofacid-soluble metal present; however, an approved analytical method foracid-soluble is not yet available. A person shall measure and report lead as total recoverable metal until such a test method is approved which measures acid-soluble metal. Indiana Administrative Code Page 54 ~: NPDES GENERAL PERMIT RULE PROGRAM (7) Samples taken in compliance with the monitoring requirements in this section shall be taken a[ a point representative of the discharge but prior to entry into waters of the state as defined in 327 IAC 2-1-9. (S) Samples and measurements taken as required in this section shall be representative of the volume and nature of the monitored discharge. (d) A person regulated under this rule shall comply with the following reporting requirements: (1) Monthly_discharge monitoring reports shall be submitted to the data management section at the address listed in 3271AC I5-3-],containing results obtained during the previous month and shall be postmarked no later than the riventy•eighth day of the month following each completed monitoring period. During a month in which no discharge occurs, the person regulated under this rule shall submit the report stating that no discharge occurred. (2) For each measurement or sample taken pursuant to the requirements of this rule, the facility shall record the following information: (A) The exact place, date, and time of sampling. (B) The person(s) who performed the sampling or measurement. (C) The dates the analyses were performed. (D) The person(s) who performed the analyses. (E) The analytical techniques or methods used. (F) The results of all required analyses. (3) Monitoring of any pollutant at the location(s) identified in the NOI letter more frequently than required under this rule, using approved analytical methods, the results of such monitoring shall be included in the calculation and reporting of the values required in the monthly discharge monitoring report. Such increased frequency shall also be indicated. (q) All records and information resulting from the monitoring activities required under [his rule, including all records of analyses performed and calibration and maintenance of instrumentatioq shall be retained for a minimum of three (3) years. When the original records are kept at another location, a copy of such records shall be kept at the facility. The three (3) year period shall be extended: (A) automatically during the course of any unresolved litigation regarding the discharge of pollutants by the facility or as regarding promulgated effluent guidelines applicable to the facility; or (B) when requested by the regional administrator or the Indiana department of environmental management. (Water Pollution Control Board; 3277AC/5-9-7; filed May 25, 1994, 7l:OOa.m.: I77R2294; errataftledJu171, 1994, 3:OOp.m.: 17 IR 2657; readopted filed Jan 10, 2001, 3:23 p.m.: 14 IR 7518; readopted filed Nov 21, 2007, 1: /6 p. m.: 200712!9-lR- 327070553BFA) 327 IAC 15-9-8 Standard conditions Authority: IC 13-1-3-4; IC 13-1-3-7; IC i3-7-7; IC 13-7-10-1 Affected: IC ]3-I-3; IC 13-7 Sec. 8. In addition to the conditions set forth in this rule, the s[andazd conditions for the NPDES general permit rule under 327 IAC 15-4 shall apply also to this rule. (Water Pollution Control Board; 327 /AC I5-9-8: filed May 25, 1994, 11: 00 a. m.: 177R 2296; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p. m.: 20071219-/R-327070553BFA) 327 IAC 15-9-9 Inspection and enforcement Authority: IC 13-1-3-3; IC 13-1-3-7; IC 13-7-7; IC 13-7-10.1 Affected: IC ]3-I-3; IC 13-7 Sec. 9. (a) In accordance with 327 IAC 5-1-3(c), the commissioner and/or designated representative may inspect any facility regulated under this rule a[ any time. (b) Any person violating any provision of this rule shall be subject to enforcement and penalties as set forth under 327 IAC I5-1-4. (Water Pollution Control Board; 3277AC 15-9-9; filed May 25, 1994, 11:00 a.m.: 17lR 2296; readopted filed Jan ! 0, 2001, 3:23 p. m.: 24 /R 1518; readopted filed Nov 21, 2007, 1: 16p.m.: 2007!219-IR-327070553BFA) - Indiana Administrntive Code Page 55 ~, NPDES GENERAL PERMIT RULE PROGRAM 327IAC 159-10 Duration of coverage Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. 10. Coverage under this rule is granted by the commissioner for a period of five (5) years from the date coverage commences. To obtain renewal of coverage under [his general permit rule, [he information Yequired under 327 IAC ] 5-3 shall be submitted to [he commissioner within ninety (90) days of the termination ofcoverage under this NPDES general permit rule, unless [he commissioner determines that a later date is acceptable. (Water Pollution Control Board; 327IAC IS-9-10: filed May 25, /994, II:OOa. m.: !7/R7296; readoptedfi[edJan 10, 2001, 3:23 p. m.: 247R15/8; readoptedfiledNov21,2007, 1:16p.m.:20071219-IR- 327070553BFA) Rule 10. Wastewater Discharge Associated with Ground Water Petroleum Remediation Systems 327IAC 1510-1 Purpose Authority: IC 13-1-3-4; [C 13-I-3-7; IC 13-7-7; IC 13-7-10-I Affected: IC 13-]-3; IC I3-7 Sec. 1. The purpose of this rule is to establish discharge requirements for point source discharges of wastewater associated with ground water remediation systems so that the public health, existing water uses, and aquatic biota are protected. (Water Pollution Control Board; 327IAC IS-/0-!; filed May 25, /994, 1l:OOa.m.: 17 /R 2296; readoptedfiledJan /0, 2001, 3:23 p. m.: Z47R IS/8; readopted filed Nov 21, 2007, 1:16 p. m.: 20071219-IR-327070553BFA) 327 IAC 15-10.2 Definitions Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-I-3-LS;IC 13-7-1 Sec. 2. In addition to the definitions contained in IC 13-7-1 and IC 13-1-3-LS and in 327IAC 5 and 327 IAC 15-1-2, the following definitions apply throughout this rule: (1) "Concentration" means the weight of any given material present in a unit volume of liquid. Unless otherwise indicated in this rule, concentration values shall be expressed in micrograms per liter (µg/I). (2) "Daily maximum concentration" means the daily determination of concentration for any calendar day. (3) "Monthly average concentration" means the arithmetic average (proportional to fldw) of all dai]y determinations of concentration made during a calendar month. Daily determinations of concentration made using a composite sample shall be [he concentration ofthe composite sample. When grab samples are used, the daily determination of concentration shall be the arithmetic avemge (weighted by flow value) of all the samples collected during the calendar day. (4) " W astewater discharge associated with ground water remediation system" means the discharge from any conveyance which is used for collecting and conveying wastewater which is directly related to the ground water remediation system. (Water Pollution Control Board,' 327 L4C 15-10-2; filed May 25, 1994, 1 1:00 a.m.: 17 /R 2296; readopted filed Jan 10, 2001, 3:23 p.m.: 241R 1518; readopted filed Nov 21, 2007, 1:16p.m.: 20071219-IR-327070553BFA) 327IAC 15-10-3 Applicability Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3 Affected: IC 13-11-2; IC 13-IS-4 Sec. 3. This rule applies to all persons who: (1) meet the NPDES general permit rule applicability requirements under 327 IAC 15-2-3; (2) have a point source discharge of treated wastewater controlled by a valid individual NPDES permit; or (3) discharge treated ground water back into the ground immediately upgradien[ of the contaminated site, and the subsequent movement of this water downgradient to the treatment site causes further contaminants [o be flushed from the site and enhances the remediation. (Water Pollution Control Board; 327IAC IS-10.3; filed May 25, 1994, 1l: 00 a. m.: 177R 2297; filed Jan 14, 1997, 12:00 p.m.: 20 Administrative Code Page 56 .. ~~: NPDES GENERAL PERMIT RULE PROGRAM /R 1478; readopted filed Jan f0, 2001, 3:23 p. m.: 24 IR ISlB; readopted filed Nov 21, 2007, 1:16 p. m.: 20071219-IR- 3270705538FA) 327 IAC 15-10-4 General permit rule boundary Authority: [C 13-1-3-4;IC 13-1-3-7; IC 13-7-7;IC 13-7-10-I Affected: IC 13-I-3; IC 13-7 Sec. 4. Facilities existing within the boundaries of Indiana affected by this rule are regulated under this rule. (Water Pollution Control Board; 3271AClS-10-4;filed May 25, 1994, 1/: 00 a. m.: 171R2297; readopted filed JanlQ 2001, 3:23 p. m.:24lRl518; readopted filed Nov 21, 2007, /:16 p. m.: 20071219-IR-3270705538FA) 327 IAC 15-10-5 Notice of intent letter requirements under this rule Authority: IC I3-1-3.4;IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 23-1-3; IC 13-7 Sec. 5. (a) In addition [o [he NOI letter requirements contained~in 327 IAC IS-3, a person regulated under this rule must identify in the NOI letter each point source discharge of wastewater associated with ground water petroleum remediation systems. This identification of point source discharge shall include the following: (1) The discharge location of each outfall and its associated receiving stream. (2) The type of wastewater discharged through each outfall. (3) An identifying outfall number. The numbering shall start at 001 for the fust outfall, 002 forthe second outfall, and continue in that manner until all outfalls are numbered. (b) The NOI letter must also include proof of publication of the following statement in a newspaper of lazgest circulation in the area of the discharge: "(Your facility name, address, address of [he location of the discharge, and the stream(s) receiving the discharge(s)) 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 IS-10 to discharge wastewater associated with ground water petroleum remediation systems. Any person aggrieved by [his action may appeal in writing to the Technical Secretary of the Water Pollution Control Board for an adjudicatory hearing on the question of whether this facility should operate under [his NPDES genera] permit rule. An appeal must be postmarked no later than fifteen (15) days from the date of [his public notice. Such a written request for an adjudicatory hearing must: (A) state Ute name and address of the person making the request; (B) identify the interest of the person making the request; (C) identify any persons represented by the person making the request; (D) state with particularity [he reasons for the request; (E) state with particularity the issues proposed for consideration a[ the hearing; and (F) state with particularity the reasons why the NPDES general permit rule should not be available to the discharger identified in this notice. Any such request shall be mailed or delivered to: Office of Environmental Adjudication Indiana Government Center-North I00 North Senate Avenue, Room N1049 Indianapolis, Indiana 46204". (c) Following submittal of a NOI letter [o IDEM and publication in the newspaper by the person requesting coverage under subsection (b), IDEM shall do the following: (1) Review the NOI for applicability pursuant to section 3 of this rule and for compliance with the requirements of subsection (a). (2) Lis[ this facility, the NPDES general permit tracking number, and the information contained in this notice in a monthly publication to be distributed by IDEM to all persons who have asked to receive NPDES general permit rule notification. This monthly publication shall be issued by IDEM on the fifteenth day of every month and shall identify all facilities which met both the NOI and newspaper publication requirements in the preceding month. ~. Indiana Administrative Code ~ ~ - Page 57 NPDES GENERAL PERMIT RULE PROGRAM •.; - Requests to be placed on the NPDES geneml permit rule notification list shall be mailed or delivered to the address at 327IAC 15-3- 1. (d) IDEM's monthly publication will also contain the following instmc[ions: "Any person aggrieved by this action may appeal in writing to [he Technical Secretary of [he Water Pollution Control Board for an adjudicatory hearing on the question of whether this facility should operate under [his NPDES general permit rule. An appeal must be postmarked no laterthan fifteen (I S) days from the publication date of[his public notice. Such a written request for an adjudicatory hearing must: (A) state the name and address of the person making [he request: (B) identify [he interest of the person making the request; (C) identify any persons represented by the person making the request; (D) state with particularity the reasons for the request; (E) state with particularity the issues proposed for consideration at the hearing; and (F) identify the NPDES geneml permit mle terms and conditions which, in [he judgment of the person making the request, would be appropriate to satisfy the requirements of [he law governing this NPDES general permit rule. If any person filing such objections desires any part of this NPDES general permit rule to be stayed pending the outcome of the appeal, a specific request for such must be included in the request, identifying those parts of the rule [o be stayed. Any such request shall be mailed or delivered to: Office of Environmental Adjudication Indiana Government Center-North 100 North Senate Avenue, Room N 1049 Indianapolis, Indiana 46204". (Water Pollution Control Board; 327IAC /5-10-5; filed May 25, 1994, 1 !: 00 a.m.: I71R 2297; errata fried Jul 1 /, 1994, 3: 00 p. m.: 77 /R 2657; readopteditledJan 10, 2001, 3:23 p.m.: 24 /R 1518; errata filed Feb 6, 2006, 11: !S a.m.: 2918 /938; readoptedfiled Nov 21, 2007, 1: l6 p. m.: 20071219-lR-3270705538FA) ~ 327IAC 15-10-6 Deadline for submittal of NOI letter; additional information ~ -~ Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC I3-7-10-1 - Affected: IC 13-1-3; IC 13-7 Sec. 6. (a) For any person operating under an existing individual NPDES permit, that regulates a wastewater discharge affected by this NPDES geneml permit rule, the information required under 327 IAC I S-3 shall be submitted to the commissioner any time between the effective date of the existing individual NPDES permit and one hundred eighty (I 80) days prior to the expiration date of the existing individual NPDES permit, unless the commissioner determines [hat a later date is acceptable. For any person operating under an individual NPDES permit that regulates a wastewater discharge affected by this NPDES general permit rule and that has expired and has been administratively extended, the information required under 327IAC 15-3 shall be submitted to the commissioner within ninety (90) days ofthe effective date of this NPDES general permit rule, unless the commissioner determines that a later date is acceptable. (b) For a person proposing a new discharge, [he information required under 327 IAC 15-3 shall be submitted to the commissioner fifteen (IS)days before the date on which the discharge is [o commence as allowed in 327 IAC IS-3-3. (Water Pollution Contro! Board; 327 LAC /S-l0-6; filed May 25, 1994, 11:00 a.m.: 17IR 2298; readopted fried Jan 10, 2001, 3.'23 p.m.: 24 IR I5lB; readopted filed Nov 21, 2007, !: I ri p. m.: 20071219-IR-327070553BFA) 327 IAC ISdO-7 General conditions Authority: [C 13-I-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-I Affected: IC 13-1-3; IC 13-7 Sec. 7. (a) A person regulated under this mle is authorized to discharge wastewater associated with ground water remediation systems through outfalls identified in [he NOI letter in accordance with this rule. Such discharge shall be limited and monitored as follows: Monitoring Requirements Parameter Monthly Avernee Weeklv Averaee Units Measurement Freauencv Samole Tvoe Administrntive Code Page 58 .: NPDES GENERAL PERMIT RULE PROGRAM Flow Report Report MGD 1XMonthly 24-hr. total Benzene Report 5.0 µg/1 1XMonthly Grab (b) A person regulated under this rule shat] comply with the following additional discharge requirements: (1) The flow may be estimated using the pump rate and the length of pumping time. (2) The pH shall not be less than six (6.0) or greater than nine (9.0) standard units. The pH shall be monitored by a monthly grnb sample. (3) The discharge shall not cause excessive foam in [he receiving waters. (4) The discharge shall be essentially free of floating and settleable solids. (5) The discharge shall not contain oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters. (6) The discharge shall be free of substances that are in amounts sufficient to be unsightly or deleterious, or which produce color, odor, or other conditions in such a degree as to create a nuisance. (c) A person regulated under [his rule shall comply with the following sampling requirements: (I) The analytical and sampling methods used shall conform [o the current version of 40 CFR 136 as referenced in 327 IAC 5-2-13(d)(1). (2) Samples taken in compliance with the monitoring requirements in this section shall be taken at a point representative of the discharge but prior to entry into waters of the state as defined in 327 IAC 2-I-9. (3) Samples and measurements taken as required in this section shall be representative of the volume and nature of the monitored discharge. (d) A person regulated under this rule shall comply with the following reporting requirements: (]) Monthly dischazge monitoring reports shall be submitted to the data management section a[ the address listed in 327 IAC 15-3-1, containing results obtained during the previous month and shall be postmarked no later than the twenty-eighth day of the month following each completed monitoring period. During a month in which no discharge occurs, the person regulated under this rule shall submit the report stating that no discharge occurred. (2) For each measurement or sample taken pursuant to [he requirements of this rule, the facility shall record the following `~. information: (A) The exact place, date, and time of sampling. (B) The person(s) who performed the sampling or measurement. (C) The dates the analyses were performed. (D) The person(s) who performed the analyses. (E) The analytical techniquesor methods used. (F) The results of all required analyses. (3) Monitoring of any pollutant at the location(s) identified in the NOI letter more frequently than required under this rule, using approved analytical methods, the results of such monitoring shall be included in the calculation and reporting of the values required in the monthly discharge monitoring report. Such increased frequency shall also be indicated. (4) All records and information resulting from the monitoring activities required under this rule, including. all records of analyses perforned and calibration and maintenance of instrumentatioq shall be retained for a minimum of three (3) years. When the original records are kept at another location, a copy of such records shall be kept at the facility. The three (3) year period shall be extended: (A) automatically during the course of any unresolved litigation regarding the discharge of pollutants by the facility or as regarding promulgated effluent guidelines applicable to [he facility; or (B) when requested by the regional administrator or the Indiana department of environmental management. (GVater Pollution Control Board; 3271AC I5-10-7; fried May 25, 1994, ! 1:00 a. m.: 17 /R 2298; errata filed Jul 11, /994, 3: 00 p. m.: 17 IR 2658; readopted filed Jan 10, 2001, 3:23 p. m.: 24 IR 1518; readopted filed Nov 2I, 2007, 1: l6 p. m.: 20071119-IR- 327070553BFA) 327IAC IS-10-S Standard conditions Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-IO-I Affected: IC 13-1-3; IC 13-7 Sec. 8. In addition [o the conditions set forth in this rule, the standard conditions for [he NPDES genernl permit rule under 327 Indiana Administrative Code Page 59 ~: NPDES GENERAL PERMIT RULE PROGRAM IAC IS-4 shall apply also to this rule. (N'oter Pollution Control Board; 3271AC /5-10-8; filed May 25, 1994, 11:00 a. m.: 171R 2299; readopted filed Jan 10.200!, 3:23 p. m.: 24 /R 1518; readopted ftled Nov 21, 2007, 1:16 p.m.: 20071219-IR-317070553BFA) 327 [AC 15-10-9 Inspection and eoforcemeut Authority: IC 13-1-3-4; IC 13-I-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. 9. In accordance with 327 IAC 5-I-3(c), the commissioner and/or designated representative may inspect any facility regulated under this rule a[ any time. (Water Pollution Control Board; 327IAC IS-10-9; filed May 25, 1994, Il: 00 a. m.: 77lR 2299; readopted filed Jan 10, 2001, 3:23 p. m.: 241R /SIB; readopted filed Nov 21, 2007, l:16 p.m.: 20071219-lR-327070553BFA) 327 IAC 1510-10 Duration of coverage Authority: [C 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. ]0. Coverage under this rule is granted by the commissioner for a period of five (5) years from the date coverage commences. To obtain renewal of coverage under [his general permit rule, the information required under 327 IAC 15-3 shall be submitted to the commissioner within ninety (90) days ofthe termination of coverage under [his NPDES general permit rule, unless the commissioner determines that a later date is acceptable. (Water Pollution Control Board,' 3271AC IS-JO-10; fled May 25, 1994, II:OOa.m.: 171R2299; readoptedfiled Jan 10, 2001, 3:23 p. m.: 24 /R 1518; readoptedfiledNav21, 2007, 1:16p.m.: 20071219-1R- 327070553BFA) Rule 11. Wastewater Discharge Associated with Hydrostatic Testing of Commercial Pipelines 327 IAC 15-11-1 Purpose Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. 1. The purpose of this rule is to establish requirements for point source discharges of wastewater associated with hydrostatic testing of commercial pipelines so that the public health, existing water uses, and aquatic biota are protected. (Water Pollution Control Board; 317lAC IS-11-/; filed May 25, 1994, 1 /: 00 a. m.: 17 /R 2299; readoptedfiled Jan 10, 2001, 3:23 p. m.: 247R 1518; readopted filedNav21, 2007, 1:l6p.m.: 20071219-IR-327070553BFA) 327 IAC 1511-2 Definitions Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-i Affected: IC 13-I-3-LS;IC 13-7-1 Sec. 2. In addition to the definitions contained in IC I3-7-1 and 1C 13-I-3-LS and in 327 IAC 5 and 327 IAC IS-1-2, the following definitions apply throughout this rule: (I) "Commercial pipeline" means a pipeline, generally underground, that transports petroleum or natural gas. (2) "Concentration" means the weigh[ of any given material present in a unit volume of liquid. Unless otherwise indicated in this rule, concentration values shall be expressed in milligrams per liter (mg/I). (3) "Daily maximum concentration" means the daily determination of concentration for any calendar day. (4) "Monthly avernge concentration" means the arithmetic average (proportional to flow) of all daily determinations of concentration made during a calendar month: Daily determinations of concentration made using a composite sample shall be the concentration ofthe composite sample. When grab samples are used, the daily determinaion of concentration shall be the arithmetic average (weighted by flow value) of all the samples collected during the calendaz day. (5) "Wastewater discharge associated with hydrostatic testing of commercial pipelines" means the discharge from conveyance, used for collecting and conveying wastewater which is directly related to commercial pipelines. This includes discharge of water used for hydrostatically testing new or existing pipelines. (Water Pollution Control Board,' 327IAC I S-/!-2; filed May 25, 1994, 11:00 a.m.: I7IR 2299; readoptedfiled Jan !0, 2001, 3:23 s Indiana Administrn[ive Code Page 60 ~~:::. ~~ NPDES GENERAL PERMIT RULE PROGRAM p. m.:247R ISIB; readopted filed Nov 21, 10D7, 1:16 p. m.: 20071219-/R-327070553BFA) 327 L4C 15-11-3 Applicability Authority: IC 13-14-8; IC 13-14-9; IC 13-IS-L2; IC 13-]5-2-1; IC 13-18-3 Affected: IC 13-I I-2; IC 13-18-4 Sec. 3. This mle applies to all persons who: (1) meet the NPDES general permit mle applicability requirements under 327 IAC IS-2-3; or (2) have a point source discharge of wastewater controlled by a valid individual NPDES permit. (Water Pollution Control Board; 3271AC IS-I /-3; filed May Z5, 1994, / /: 00 a.m.: 17 /R 2300; filed Jan 14, 1997, 12:00 p. m.: 20 IR 1478; readopted filed Jan 10, 2001, 3:23 p. m.: 24 IR ISIS; readopted filed Nov 21. 2007, 1:16 p. m.: 20071219-IR- 327070553BFA) 327 IAC 15-11-4 General permit rule boundary - Authority: IC 13-I-3-4; IC 13-1-3-7; IC 13-7-10-I Affected: IC 13-1-3; IC 13-7 Sec. 4. Facilities existing within the boundaries ofIndiana affected by this rule are regulated under this mle. (Water Pollution Control Board; 327lAC IS-11-4; f+ledMay25. 1994, 11: 00a.m.: /71R2300; readoptedfiledJan 10, 200/, 3:23 p. m.: 24 /R 1518; readoptedfledNov21, 2007, 1:16p.m.:2007l219-IR-3270705538FA) 327 IAC 15-11-5 NOI letter requirements under this rule Authority: IC 13-I-3-4; IC 13-1-3-7; [C 13-7-7; IC 13-7-10-1 Affected: IC ]3-1-3; IC 13-7 Sec. 5. (a) In addition to the NOI letter requirements contained in 327 IAC 15-3, a person regulated under this rule must identify in the NOI letter each point source discharge of wastewater associated with the hydrostatic testing of new or existing commercial pipelines. This identification of point source discharge shall include the following: (I) The discharge location of each outfall and its associated receiving stream. (2) The type of wastewater discharged through each outfall. (3) An identifying outfall number. The numbering shall start at 001 for the first outfall, 002 for the second outfall, and continue in that manner until all outfalls are numbered. (b) The NOI letter must also include proof of publication of the following statement in a newspaper of largest circulation in the area of the discharge: "(Your facility name, address, address of the location of the discharging facility, and the stream(s) receiving the discharge(s)) is submitting aNotice of Intent letter [o notify the [ndiana Department ofEnvironmentalManagement ofour intent to comply with the requirements under 327 IAC 15-I1 to discharge wastewater associated with hydrostatic testing of commercial pipelines. Any person aggrieved by [his action may appeal in writing to the Technical Secretary of the W ater Pollution Control Board for an adj udicatory hearing on the question of whether this facility should operate under this NPDES general permit mle. An appeal must be postmarked no later than fiReen (I S) days from the date of this public notice. Such a written request for an adjudicatory hearing must: (A) state the name and address of the person making the request; (B) identify the interest of the person making the request; (C) identify any persons represented by the person making the request; (D) state with particularity the reasons for the request; (E) state with particularity [he issues proposed for consideration at the hearing; and (F) state with particularity the reasons why the NPDES general permit mle should not be available to the discharger identified in this notice. Any such request shall be mailed or delivered to: Office of Environmental Adjudication Indiana Government Center-North •' Indiana Administrative Code ~ Page 61 ~` - NPDES GENERAL PERMIT RULE PROGRAM ~ ~~ 100 North Senate Avenue, Room N 1049 Indianapolis, Indiana 46204". (c) Following submittal of a NO[ letter to IDEM and publication in the newspaper by the person requesting wverage under subsection (b), IDEM shall do the following: (1) Review the NOI for applicability pursuant [o section 3 ofthis rule and for compliance with the requirements of subsection (a). (2) List this facility, the NPDES general permit tracking number, and the information contained in this notice in a monthly publication to be distributed by IDEM to all persons who have asked to receive NPDES general permit rule notification. This monthly publication shall be issued by IDEM on the fifteenth day of every month and shall identify all facilities which met both the NOI and newspaper publication requirements in [he preceding month. Requests [o be placed on the NPDES general permit rule notification list shall be mailed or delivered to [he address at 3271AC 15-3- 1. . (d) IDEM's monthly publication will also contain the following instructions: "Any person aggrieved by this action may appeal in writing to [he Technical Secretary of the Water Pollution Control Boazd for an adjudicatory hearing on the question of whether this facility should operate under this NPDES general permit rule. An appeal must be postmarked no later than fifteen (15) days from the publication date of [his public notice. Such a written request for an adjudicatory hearing must: (A) state the name and address of the person making the request; (B) identify the interest of the person making the request; (C) identify any persons represented by the person making the request; (D) state with particularity the reasons for the request; (E) state with particularity the issues proposed for consideration at the hearing; and (F) identify the NPDES general permit mle terms and conditions which, in the judgment of the person making the request, would be appropriate to satisfy [he requirements of [he law governing [his NPDES general permit rule. If any person filing such objections desires any part of this NPDES general permit rule to be stayed pending the outcome of the appeal, a specific request for such must be included in [he request, identifying those parts of the Wile to be stayed. •~J Any such request shall be mailed or delivered to: - - Office of Environmental Adjudication Indiana Government Center-North 100 North Senate Avenue, Room N1049 Indianapolis, Indiana 46204':. (Water Pollution Control Board; 327 /AC IS-11-5; filed May 25, 1994, II:OOa.m.: I7 /R 2300; erratafiled/ulll, 1994, 3:OOp.m.: !7/R 2658; readoptedfiledJan 10, 2001, 3: 23 p. m.: 24IR 1518; erratafiledFeb 6, 2006, ll: /5 a. m.: 297R 1938; readoptedfiled Nov 2/, 2007, 1:16 p. m.: 20071219-IR-327070553BFA) 327 L4C 15-11-6 Deadline for submittal of NOI letter; additional ioformatiou Authority: IC I3-1-3-4; IC 13-I-3-7; IC 13-7-7; IC 13-7-10-I Affected: IC 13-i-3; IC I3-7 Sec. 6. (a) For any person operating under an existing individual NPDES pemtitthat regulates awastewater discharge affected by this NPDES general permit rule, the information required under 327 IAC IS-3 shall be submitted [o the commissioner any time between the effective date of the existing individual NPDES permit and one hundred eighty (180) days prior to the expiration date ofthe existing individual NPDES permit, unless the commissioner determines that a later date is acceptable. For any person operating under an individual NPDES permit that regulates a wastewater discharge affected by this NPDES general permit rule and that has expired and has been administratively extended, the information required under 327IAC 15-3 shall be submitted to the commissioner within ninety (90) days ofthe effective date ofthis NPDES general permit rule, unless the commissioner determines that a later date is acceptable. (b) For a person proposing a new discharge, the information required under 327 IAC 15-3 shall be submitted to the commissioner fifteen (IS) days before the date on which the discharge is to commence as allowed in 327 IAC IS-3-3. (Water Pollution Control Board; 327lAC lS-11-6; filed May 25, 1994, 1l:OO a.m.: 17IR 730/; readopted filed Jan 10, 2001, 3:23 p.m.: 24IR 1518; readopted filed Nov 2!, 2007, 1:16 p. m.: 2007/219-IR-327070553BFA) Indrana Administrative Code Page 62 •~- •:, - - NPDES GENERAL PERMIT RULE PROGRAM 327 L4C 15-11-7 General conditions Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. 7. (a) A person regulated under this rule is authorized [o discharge wastewater associated with hydrostatic testing of new or existing commercial pipelines through the outfalls identified in the NOI letter in accordance with [his rule. Such discharge shall be limited and monitored as follows: Monitoring Requirements Parameter Monthly Averaee Daily Maximum Units Measurement Freuuencv Samnle Tvoe Flow Report Report MGD Daily 24-hr. total Oil and grease - 15 mg/1 Daily Grab TSS - 45 mg/I Daily Grab (b) A person regulated under this rule shall comply with the following additional discharge requirements: (1) The discharge volume may be estimated by calculating the volume of water which can be contained in the section of pipeline being tested. (2) The pH shall not be less than six (6.0) or greater than nine (9.0) standard units. The pH shall be monitored by daily grab sample. (3) The discharge shall not cause excessive foam in the receiving waters. (4) The discharge shall be essentially free of floating and settleable solids. (5) The discharge shall not contain oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters. (6) The discharge shall be free of substances that are in amounts sufficient [o be unsightly or deleterious or which produce color, odor, or other conditions in such a degree as to create a nuisance. (7) There shall be no impingement and envainment of fish when drawing water from a surface water body. ~• (8) W rites generated by cleaning the interior of a pipeline shall be disposed of in accordance with all applicable statutes and rules. (c) A person regulated under this rule shall comply with the following sampling requirements: (I) The analytical and sampling methods used shall conform to the current version of 40 CFR 136 as referenced in 327 IAC 5-2-13(d)(1). (2) Grab samples shall be taken of [he hydrostatic test water being discharged as it leaves the pipeline being tested or after receiving treatment at the beginning~and at the end of the discharge and two (2) times during the discharge a[ evenly spaced time intervals. All of the grab samples shall be combined into one (1) composite sample at the end of the test period for analysis. (3) Samples taken in compliance with the monitoring requirements in this section shall be taken at a point representative of the discharge but prior to entry into the waters of the state as defined in 327 IAC 2-1-9. (4) Samples and measurements taken as required in this section shall be representative of the volume and nature of the monitored discharge. - (d) A person regulated under this rule shall comply with the following reporting requirements: (1) A discharge monitoring report shall be submitted to the data management section a[ [he address listed in 327 IAC 15-3-1, containing results for the discharge event covered by this rule. The report shall be postmarked no later than the twenty-eighth day of the month following the discharge event. (2) For each measurement or sample taken pursuant to the requirements of this rule, the facility shall record the following information: (A) The exact place, date, and time of sampling. (B) The person(s) who performed [he sampling or measurements. (C) The dates the analyses were performed. (D) The person(s) who performed the analyses. (E) The analytical techniques or methods used. (F) The results of all required analyses. (3) Monitoring of any pollutant at [he location(s) identified in the NOI letter more frequently than required under this rule, using approved analytical methods, the results of such monitoring shall be included in the calculation and reporting of the Indiana Administrative Code NPDES GENERAL PERMIT RULE PROGRAM •- values required in the discharge monitoring report. Such increase in frequency shall also be indicated. (4) All records and information resulting from the monitoring activities required under this rule, including all records of analyses performed and calibration and maintenance of instrumentation and recording from continuous monitoring instrumentation, shall be retained for a minimum of three (3) years. When the original records aze kept at another location, a copy of all such records shall be kept at the facility. The three (3) year period shall be extended: (A) automatically during the course of any unresolved litigation regarding the discharge ofpollutants by the facility or as regarding promulgated effluent guidelines applicable to the facility; or (B) when requested by the regional administrator or the Indiana department of environmental management. (WaterPallutionControlBoard; 3271AC15-II-7; filed May 25, 1994, II:OOa.m.: 171R2301; errata filed Julll, 1994,3:OOp.m.: 17 !R 2658; readopted filed Jan 10, 2001, 3:23 p. m.: 24 /R /518; readopted filed Nov 2l, 7007, 1:16 p.m.: 20071219-IR- 327070553BFA) 3271AC IS-11-8 Standard conditions Authority: IC 13-1-3-4; IC 13-I-3-7; [C 13-7-7; IC t3-7-]0-] Affected: IC 13-1-3; IC 13-7 - Sec. 8. In addition [o the conditions set forth in this rule, the standard conditions fortheNPDES general permit rule under 327 IAC IS-4 shall apply also to this rule. (Water Pollution Control Board,' 317IAC IS-11-8; filed May 25, 1994, !/:00 a. m.: 177R 2302; readoptedfiledJanl0, 2001, 3:23 p. m.: 24IR 1518; readoptedfiledNov21, 1007, 1:16p.m.: 2007!2/9-/R-327070553BFA) 3271AC 15-11-9 Inspection and enforcement Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-I-3; IC 13-7 Sec. 9. (a) In accordance with 327 IAC 5-I-3(c), the commissioner and/or designated representative may inspect any facility • regulated under this rule at any time. (b) Any person violating any provision of this rule shall be subject to enforcement and penalties as set forth under 327 IAC I5-1-4. (Water Pollution Control Board; 327/AC I S-1 /-9; fried May 25, 1994. 11:00 a.m.: 171R 2302; readoptedfiledJan 10, 2001, 3:23 p. m.: 24 /R /Sl8; readopted filed Nov 21, 2007, l:16 p.m.: 200712!9-/R-327070553BFA) 327 IAC 15-11-]0 Duration of coverage Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC t3-7-10-I Affected: IC 13-1-3; IC 13-7 Sec. 10. Coverage under this rule is granted by the commissioner for a period of five (5) years from the date coverage commences. To obtain renewal of coverage under this general permit rule, the information required under 327 IAC I S-3 shall be submitted to the commissioner within ninety (90) days of[he termination of coverage under this NPDES general permit rule, unless the commissioner determines that a later date is acceptable. (Water Pollution Contro[Board.~ 3271AC IS-11-10; filed May 25, 1994, II:OOa.m.: 171R2302; readoptedfiledJan 10, 2001, 3:23 p. m.: 24 /Rl518; readoptedfiledNov21, 2007, /:16p.m.: 200712/9-IR- 327070553BFA) Rule 12. Facilities Engaged in Sand, Gravel, Dimension Stone, or Crushed Stone Operations 3271AC 15-12-1 Purpose Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. 1. The purpose of this rule is [o regulate wastewater discharges from sand gravel dimension stone and crushed stone , , , operations which utilize sedimentation basin treatment for. (1) pit dewatering; (2) channel machines; Indtana Admmrstrahve Code Page 64 ~~~~ ~• NPDES GENERAL PERMIT RULE PROGRAM (3) broaching; (4) jet piercing; (5) scrubber water from we[ scrubbers used for air pollution control; (6) dust suppression spray water; - , (7) wash water from spray bars for final screening operations; and (8) noncontact cooling water for cooling of: (A) crusher bearings; (B) drills; (C) saws; (D) dryers; (E) pumps; and (F) air compressors; so that the public health, existing water uses, and aquatic biota are protected. (Water Pollution Control Board; 3271AC I S-/2-1; filed May 25, 1994, II:OOa.m.: 171R2303; readoptedfiledJan 10, 2001, 3:23 p. m.: 241R 1518; readoptedfiledNm21, 2007, /: /6 p. m.: 2007!219-IR-327070553BFA) 327 IAC 15-12-2 Definitions Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-I Affected: IC 13-1-3-L5; IC 13-7-1 Sec. 2. In addition to the definitions contained in IC 13-7-1 and IC 13-I-3-1.5 and in 327 IAC 5 and 327 IAC I5-1-2, the following definitions apply throughout this rule: (1) "4 yearly sample frequency" means the performance of the associated monitoring once any time during each of the four (4) annual quarters: (A) January-February-March; • (B) April-May-June; (C) July-August-September; and (D) October-November-December. (2) "Broaching" means a drilling method whereupon successively larger and deeper holes are cut into the stone until the stone is removed between the holes. Water is used to control dust, wash away stone chips, and cool the drill. (3) "Channel machine" means a long; semi-automated, multiple-head chisel machine used primarily to quarry limestone. Stone chips created during chiseling must be washed constantly away with water. (4) "Concentration" means the mass of any given material present in a unit volume of liquid. Unless otherwise indicated in this rule, concentration values shall be expressed in milligrams per liter (mg/I). (5) "Feldspaz"means any of a group of crystalline minerals that consists of aluminum silicates with either potassium, sodium, calcium, or barium. (6) "Feldspathic" means relating to or containing feldspar. (7) "Ilmenite" means an iron black mineral composed of iron, titanium, and oxygen. (8) "Jet piercing" means fuel oil forced under pressure through a noule producing a high velocityjet flame which is combined with a stream of water to cut a channel by disintegration. (9) "Pit dewatering" means any water that is impounded or that collects in the pit and is pumped, drained, or otherwise removed from the pit through the efforts of the pit operator. This term shall also include wet pit overflows caused solely by direct rainfall and/or ground water seepage. (10) "Settleable solids" means that marier measured by the volumetric method specified in 40 CFR 434.64, which is: Fill an Imhoff cone to the one (I) liter mark with a thoroughly mixed sample. Allow [o settle undisturbed for forty-five (45) minutes. Gently stir along the inside surface of the cone with a sorting rod. Allow to settle undisturbed for fifteen (15) minutes longer. Record the volume of settled material in the cone as milliliters per liter (ml/1). Where a separation of settleable and floating materials occurs, do no[ include the floating material in the reading. The method detection limit formeasuring settleable solids shall be four-tenths (0.4) ml/I. (I l) "TSS" or "total suspended solids" means the mass of suspended matter in wastewater retained on a standard glass fiber filter after filtration of a well-mixed sample and after drying for one (1) hour a[ one hundred three degrees Celsius (103°C). Indiana Administrative Code ~ ~ Page 65 ~_; NPDES GENERAL PERMTT RULE PROGRAM (1//ater Pollution Control Board; 3271AC15-12-2; fi[edMay 25, 1994, /I:OO a. m.: 171R 2303; errata filed Jul ll, 1994, 3:OOp. m.: 17 IR 2658; readopted filed Jan 10, 2001, 3:23 p. m.: 24 IR 1518; readopted filed Nov 2!, 2007, 1:16 p. m.: 200712!9-IR- 327070553BFA) 327 IAC 15-12-3 Applicability Authority: IC 13-I4-8; IC 13-14-9; IC 13-IS-1-2; IC 13-IS-2-l; IC 13-18-3 Affected: IC 13-11-2; IC 13-18-4 Sec. 3. (a) This rule applies to all persons who: (I) meet [he NPDES general permit rule applicability requirements under 3271AC IS-2-3; or (2) have an existing point source discharge of wastewater controlled by a valid individual NPDES permit. (b) Facilities not authorized [o discharge by this NPDES general permit rule and aze required to obtain an individual NPDES permit are as follows: (1) Crushed stone operations utilizing flotation agents to remove impurities from marble or other carbonaceous rock. The flotation agents utilized include: (A) organic amines; (B) fatty acids; and (C) pine oils. (2) Industrial sand operations utilizing: (A) acid flotation to effect removal of iron oxide and ilmenite impurities; (B) alkaline flotation to remove aluminate bearing materials; or (C) hydrofluoric acid flotation for removal of feldspar. (3) Industrial sand operations utilizing the acid leaching process. The acid leaching process pertains to [he removal of iron from feldspathic sand for use in glass manufacturing. A strong hydrochloric or sulfuric acid is used. The types of process wastewater identified in this subsection can contai n varying concentrations of substances that may require water quality based effluent limits or best professionaljudgment limits. (Water Pollution Control Board; 327lAC IS-12-3; fled May 25, . - 1994, 11:00 a. m.: 17IR 2303; errata filed Jul /1, 1994, 3:00 p. m.: !7 /R 2658; filed Jan 14, 1997, IZ.~00 p. m.: 20 /R 1478; readopted filed Jan 10, 2001, 3:23 p. m.: 241R 1518; readopted filed Nov 21, 2007, 1:16 p. m.: 20071219-IR-327070553BFA) 3271AC IS-12-4 General permit rule boundary Authority: IC t3-1-3.4; IC l3-(-3-7; IC 13-7-7; IC 13-7-IO-I Affected: IC 13-1-3: IC 13-7 Sec. 4. Facilities existing within the boundaries of Indiana affected by this rule are regulated under this rule. (Water Pollution Control Board; 3277AC15-12-4; filed May 25, 1994, 11:OOa.m.: 17IR2304; readopted filed Jan 10,100!, 3:23 p. m.: 247R /518; readopted filed Nov 2l, 2007, 1: 16 p. m.: 2007!2!9-/R-327070553BFA) 327 IAC 15-12-5 Nofice of intent letter requirements under this rule Authority: IC 13-1-3-4; IC t3-1-3-7; IC 13-7-7; IC 13-7-10-I Affected: IC 13-1-3; IC 13-7 Sec. 5. (a) In addition to the NOI letter requirements contained in 327 IAC IS-3, a person regulated under this rule must identify in the NOI letter each point source discharge regulated under this rule. This identification of point source discharge shall include the following: (1) The discharge location of each outfall and its associated receiving stream. (2) The type of wastewater discharged through-each outfall. (3) An identifying outfall number. The numbering shall start at 001 for [he firs[ outfall, 002 for the second outfall, and continue in that manner until all outfalls are numbered. (4) A topographical map identifying the location of [he operation, the receiving stream(s), and the location of each numbered outfall. (b) The NOI letter must also include proof of publication of the following statement in a newspaper oflazgest circulation in Indiana Administrative Code Page 66 ~•. NPDES GENERAL PERMIT RULE PROGRAM the area of the dischazge: "(Your facility name, address, address ofthe location of the dischazging facility, and the stream(s) receiving [he discharge(s)) is submitting aNotice of Intent letter [o notify [he Indiana Department ofEnvironmental Management of our intent to comply with the requirements under 327 IAC 15-] 2 to discharge wastewater associated with sand, gravel, dimension stone, or crushed stone operations. Any person aggrieved by this action may appeal in writing [o the Technical Secretary of the Water Pollution Control Board for an adjudicatory hearing on the question of whether this facility should opernte under this NPDES general permit rule. An appeal must be postmarked no later than fifteen (I S) days from the date of this public notice. Such a written request for an adjudicatory hearing must: (A) state the name and address of the person making the request; (B) identify the interest of the person making the request; (C) identify any persons represented by the person making the request; (D) state with particularity the reasons for the request; (E) state with particularity the issues proposed for consideration at the hearing; and (F) state with particularity [he reasons why the NPDES general permit rule should not be available to the discharger identified in this notice. Any such request shall be mailed or delivered to: Office of Environmental Adjudication Indiana Govemment Center-North 100 North Senate Avenue, Room N 1049 Indianapolis, Indiana 46204". (c) Following submittal of a NOI letter [o IDEM and publication in the newspaper by the person requesting coverage under subsection (b), IDEM shall do the following: (1) Review the NOI for applicability pursuant to section 3 of [his rule and for compliance with the requirements of subsection (a). • (2) List this facility, the NPDES general permit tracking number, and the information contained in this notice in a monthly publication to be distributed by IDEM to all persons who have asked to receive NPDES general permit rule notification. This monthly publication shall be issued by IDEM on the fifteenth day of every month and shall identify all facilities which met both the NOI and newspaper publication requirements in the preceding month. Requests to be placed on the NPDES general permit mle notification list shall be mailed or delivered to the address at 327 IAC I5-3- (d) IDEM's monthly publication will also contain [he following instructions: "Any person aggrieved by this action may appeal in writing to the Technical Secretary of the Water Pollution Control Board for an adjudicatory hearing on the question of whether this facility should operate under this NPDES general permit rule. An appeal must be postmarked no later than fifteen (1 S) days from the publication date ofthis public notice. Such a written request for an adjudicatory hearing must: (A) state the name and address of the person making the request; (B) identify the interest of the person making the request; (C) identify any persons represented by the person making the request; (D) state with particularity the reasons for the request; (E) state with particularity the issues proposed for consideration at the hearing; and (F) identify the NPDES general permit rule terms and conditions which, in the judgment of the person making the request, would be appropriate to satisfy the requirements of the law governing this NPDES general permit rule. If any person filing such objections desires any part of [his NPDES general perm[ rule to be stayed pending the outcome of the appeal, a specific request for such must be included in the request, identifying [hose parts of the rule to be stayed. Any such request shall be mailed or delivered to: Office of Environmental Adjudication Indiana Govemment Center-North 100 North Senate Avenue, Room N1049 Indianapolis, Indiana 46204". (Water Pollution Control Board,' 327 /AC I S-12-5; filed May 25, 1994, / /: 00 a. m.: 171R 2304; erratafiled Jul !!, 1994, 3: 00 p. m.: 171R2658; readopted filed Jan 70, 200/, 3:23 p. m.: 241R 1518; erratafiled Feb 6, 2006, //: l5 a. m.: 291R 1939; readopted filed Indiana Administrative Code Page 67 •i NPDES GENERAL PERMIT RULE Nov 21, 2007, 1:16 p.m.: 200712/9-IR-3270705538FA) 3271AC 15-12-6 Deadline for submittal of NOI letter; additional information Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10.1 Affected: IC 13-I-3; IC 13-7 Sec. 6. (a) For any person operating under an existing individual NPDES permit, that regulates a wastewater discharge affected by this NPDES general permit rule, the information required under 327 IAC 15-3 shall be submitted to the commissioner any time between the effective date of the existing individual NPDES permit and one hundred eighty (I80) days prior [o the expiration date ofthe existing individual NPDES permit, unless the commissioner determines that a later date is acceptable. For any person operating under an individual NPDES permit that regulates a wastewater discharge affected by this NPDES general permit rule and that has expired and has been administratively extended, the information required under 3271AC I S-3 shall be submitted to the commissioner within ninety (90) days ofthe effective date of this NPDES general permit rule, unless the commissioner determines that a later date is acceptable. (b) For a person proposing a new discharge, [he information required under 327 IAC 15-3 shall be submitted to the commissioner fifreen (IS) days before the date on which the discharge is to commence as allowed in 327 IAC 15-3-3. (Water Pollution Control Board,' 3271AC lS-12-6; filed May 25, 1994, 11:00 a.m.: 171R 2305; readopted filed Jan 10, 2001, 3:23 p. m.: 14 /R 1518; readopted filed Nov 2!, 2007, 1:16 p. m.: 2007/2/9-IR-3270705538FA) 327 IAC 15-12-7 General conditions Authority: IC I3-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-]0-1 Affected: IC 13-I-3; IC 13-7 Sec. 7. (a) A person regulated under this rule is authorized to discharge all wastewaters regulated under this rule through the outfalls identified in the NOI letter in accordance with [his rule. Such discharge shall be limited and monitored as specified below: • ~~ Parameter Daily Minimum Daily Maximum Weeklv Averaee Units Measurement Fremuencv Sample Tvoe Flow - Report - MGD 4XYearly Instantaneous TSS - - 30 mg/I 4XYearly Grab pH 6.0 9.0 - s.u. 4XYearly Grab (b) A person regulated under [his rule shall comply with the following additional discharge requirements: (1) The discharge shall not cause excessive foam in the receiving waters. (2) The discharge shall be essentially free of floating and settleable solids. (3) The discharge shall not contain oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters. (4) The discharge shall be free of substances [hat are in amounts sufficient to be unsightly or deleterious or which produce color, odor, or other conditions in such a degree as to create a nuisance. (c) A person regulated under this rule shall comply with the following sampling requirements: (1) Samples taken in compliance with [he monitoring requirements in [his section shall betaken at a point representative of the discharge but prior to entry into waters of Indiana (2) The analytical and sampling methods used shall conform to the current version of 40 CFR 136 as referenced in 3271AC 5-2-13(d)(1). (3) Samples and measurements taken as required in this section shall be representative of the volume and nature of the monitored discharge. (d) A person regulated under this rule shall comply with the following reporting requirements: (1) Monthly discharge monitoring reports shall be submitted to the data management section at the address listed in 327 IAC 15-3-I, containing results obtained during the previous month and shall be postmarked no laterthan the twenty-eighth day of [he month following each completed monitoring period. During a month in which no discharge occurs, a person regulated under this rule shall submit the report stating that no discharge occurred. (2) For each measurement or sample taken pursuant [o the requirements of this rule, [he facility shall record [he following information: (A) The exact place, date, and time of sampling. Indiana Administrative Code Page 68 ..~~ • NPDES GENERAL PERMIT RULE PROGRAM (B) The person(s) who performed the sampling or measurements. (C) The dates the analyses were performed. (D) The person(s) who performed the analyses. (E) The analytical techniques or methods used. (F) The results of all required analyses and measuremenu. (3) Monitoring of any pollutant at the location(s) identified in the NOI letter more frequently than required under this rule, using approved analytical methods, the results of such monitoring shall be included in [he calculation and reporting of the values required in the monthly discharge monitoring report. Such increased frequency shall also be indicated in this report. (4) Al] records and information resulting from the monitoring activities required under this rule, including all records of analyses performed and calibration and maintenance of instrumentation and recording from continuous monitoring instrumentation, shall be retained for a minimum of three (3) years. When the original records are kept at another location, a copy of all such records shall be kept at the facility. The three (3) year period shall be extended: (A) automatically during [he course of any unresolved litigation regarding [he discharge of pollutants by the facility or regarding promulgated effluent guidelines applicable to the facility; or (B) as requested by the regional administrator or the Indiana department of environmental management. (Water Pollution Control Board; 327lAC 15-12-7; filed May 25, 1994, !!: 00 a. m.: 177R 2305; readopted filed Jan !0, 2001, 3:23 p. m.: 247R 1518; readopted filed Nov 2!, 2007, 1:16 p. m.: 20071219-IR-3170705538FA) 327IAC 15-12-8 Standard conditions Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. 8. In addition to the conditions se[ forth in [his rule, the standard conditions for the NPDES general permit rule under 327 IAC ] 5-4 shall apply also to this rule. (Water Pollution Control Board; 327IAC I S-/Z-8; filed May 25, /994, 17:00 a. m.: 17 /R • 2306; readoptedfiledJan 10, 2001, 3:23 p. m.: 241R 1518; readopted filed Nov 21, 2007, /:16p.m.: 10 0 712 1 9-IR-327070553BFA) 327 IAC 15-12-9 Inspection and enforcement Authority: IC 13-I-3-4; IC 13-I-3-7; IC 13-7-7; IC 13-7-10-1 Affected: IC 13-1-3; IC 13-7 Sec. 9. (a) The commissioner and/or designated representative may inspect any facility regulated under this rule at any time. (b) Any person violating any provision of this rule shall be subject to enforcement and penalty as set forth under 327IAC 15-1- 4. (Water Pollution Control Board, 327 /AC IS-12-9; filed May 25, 1994, 1 !: 00 a. m.: 17lR 2306; readopted filed Jan 10, 2001, 3:23 p. m.: 24 IR IS/8; readopted filed Nov 21, 7007, 1:16 p.m.: 2007/219-/R-3270705538FA) 327 IAC 15-12-10 Duration of coverage Authority: IC 13-1-3-4; IC 13-1-3-7; IC 13-7-7; IC 13-7-(0-1 Affected: IC 13-1-3; IC 13-7 Sec. 10. Coverage under this rule is granted by the commissioner for a. period of five (5).years from the date coverage commences. To obtain renewal of coverage under this general permit rule, the information required under 327 IAC 15-3 shall be submitted to the commissioner within ninety (90) days of the termination of coverage under this NPDES general permit rule, unless the commissioner determines that a later date is acceptable. (Water Pollution Control Board; 327IAC 15-12-10; filed May 25, 1994, II:OOa.m.: l71R2306; readoptedfiledJan 10, 2001, 3:23 p.m.: Z41R 1518; readoptedfiledNov21, 2007, 1:16p.m.: 20071219-IR- 327070553BFA) Rule 13. Storm Water Run-Off Associated with Municipal Separate Storm Sewer System Conveyances 327IAC 15-13-1 Purpose Authority: IC 13-14-8; IC 13-15-1-2; [C 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Indiana Administrative Code Page 69 NPDES GENERAL PERMIT RULE PROGRAM Sec. 1. The purpose of this rule is to establish requirements for storm water discharges from municipal separate storm sewer system (MS4) conveyances so that public health, existing water uses, and aquatic biota aze protected. (Water Pollution Control Board; 327IAC 15-13-I; fried Jul 7, 2003, 2: I S p.m.: 26IR 3577) 327IAC 1513-2 Applicability Authority: IC 13-14-8; [C 13-IS-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 2. This rule applies [o an MS4 entity that: (1) is not required to obtain an individual NPDES permit under 327IAC 5-4-6(a)(4), 327IAC 5-46(a)(5), or 327IAC 15-2- 9(6); (2) meets the general permit mle applicability requirements under 327IAC 15-2-3; (3) does not have coverage under an individual MS4 permit; and (4) operates, maintains, or otherwise has responsibility for an MS4 conveyance within a designated MS4 azea. (Water Pollution Contro! Board; 327IAC 15-l3-Z; fried Ju17, 2003, 2:15 p. m.: 26IR 3577) 327 [AC 1513-3 MS4 area designation criteria Authority: IC 13-14-8; IC 13-15-1-2; IC 13-IS-2-1; IC 13-IS-3-l; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 3. (a) An MS4 entity that meets one (1) of the following is designated for permit coverage under this rule: (1) Located within, or contiguous to, a mapped 2000 United States Census Bureau urbanized area (UA) and is: (A) a municipality, regardless of its United States Census Bureau population; or (B) a university, college, military base, hospital, or correctional facility with afull-time equivalent enrollment, daily user population, or bed count occupancy (based on the most recent emollment count or population data) greater than or equal to one thousand (1,000). .. _ (Z) A county [hat contains a mapped UA. Only [he portion of [he county that contains the mapped UA, as delineated by political township or section, township, and range boundaries, must be regulated. If only a portion of the county contains a mapped UA, the MS4 entity may elect to regulate, to the extent of its authority, any additional portion of the county, as delineated by political township or section, township, and range boundaries, under this rule. (3) A documented significant contributor of pollutants to waters or a regulated MS4 area (4) A municipality with a population density, according to 2000 United States Census Bureau data, of five hundred (500) people per square mile or greater and United States Census Bureau population often thousand (10,000) or more. (5) A municipality with a population density, according to 2000 United States Census Bureau data, of five hundred (500) people per square mile or greater, United States Census Bureau population greater than seven thousand (7,000) and less than ten thousand (10,000), and having a positive, ten (10) year population growth percentage greater than or equal to [en percent (10%). (6) A municipality with a population density, according to 2000 United States Census Bureau data, of five hundred (500) people per square mile or greater, United States Census Bureau population greater than seven thousand (7,000) and less than ten thousand (10,000), and having a university or college full-time equivalent enrollment, military base population, hospital bed count occupancy, or correctional facility daily user populaton (based on the most recent emollment, count, or population data) that places the total population greater than or equal to ten thousand (10,000). (7) A university, college, military base, hospital, or correctional facility with afull-Hme equivalent enrollment, daily user populating or bed count occupancy greaterthan orequal to one thousand (1,000), located within a designated municipality, and having responsibility for a storm water conveyance. . . (8) A conservancy district or homeowner's association with a population within their service area of greater than or equal to one thousand (1,000) people, located within a designated municipality or mapped UA, and having responsibility for a storm water conveyance. (9) A public or private storm water utility that serves one (I) or more of the MS4 entities designated under subdivisions (1) through (8}. (b) An MS4 entity not already designated under subsection (a) may be designated for permit coverage if its discharge is to Indiana Administrative Code Page 70 • ~~ NPDES GENERAL PERMIT RULE PROGRAM a sensitive area or if other environmental programs are not adequately protecting water quality. (c) Once an MS4 entity is designated under this section, it remains designated until the expiration of its permit unless any of the conditions for termination in section 20 ofthis rule are applicable or a waiver is granted in accordance with subsection (f). (d) The department shall notifgM54 entities meeting the designation criteriaofthis section in writing. Ifthe department does not notify an MS4 entity in writing, an MS4 entity meeting the designation criteria ofthis section must comply with the requirements of section 9(e) ofthis rule. (e) A designated MS4 entity subject to this rule is also subject to the requirements of 327IAC 15-2-9(b) and may be required to obtain an individual NPDES permit. (t) A designated MS4 entity may request a waiver from permit covernge under this rule. Unless an MS4 entity's conveyance system is substantially contributing [o [he pollutant loadings of a regulated, physically interconnected MS4 entity or a department determination is made that requires storm water controls, MS4 entities within a mapped UA that have a conveyance system serving a population of less than one thousand (1,000) are conditionally granted a waiver. For all other MS4 entities, this waiver will only be granted under the following conditions: (1) The MS4 entity's conveyance system serves a population of less than ten thousand (10,000). (2) The MS4 entity's conveyance system is not contributing substantially to the pollutant loadings of a physically interconnected MS4 entity that is regulated by this rule. (3) An evaluation of all waters that receive a discharge from the MS4 entity's conveyance system has been conducted by the department or another approved entity. (4) For all evaluated waters, the department has determined that storm water controls aze not needed based on wasteload allocations that are part of a United States Environmental Protection Agency approved or established total maximum daily load or equivalent process and are reflective of pollutants identified as sources of impairment. (5) The department has determined that future discharges from the MS4 entity's conveyance system do no[ have the potential to result in exceedances of water quality standards, including impairment of designated uses or other significant water quality (~~• impacts, including habitat and biological impacts. (Water Pollution Control Board; 327IAC I5-13-3; fried Jul 7, 2003, 2:15 p. m.: 26IR 3577; errata filed Sep 8, 2003, 3: !5 p. m.: 277R 19I) 327IAC 15-13-4 General permit boundary Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 4. (a) This general permit covers Indiana. (b) For each MS4 entity, the permit covers all storm water discharges from conveyance systems for which it has jurisdiction or, in the case of designated counties, the portion of the county jurisdictional area depicted in a mapped UA, as specified under section 3(a)(2) ofthis rule, unless appropriate writteq enforceable, legal documentation has been obtained to allow another entity to have permit responsibilities for systems and areas within another entity's jurisdiction. (Water Pollution Control Board; 327IAC 15-13-4; filed Ju17, 2003, 2: l5 p. m.: 26IR 3578) 327IAC 1513-5 Definitions Authority: IC 13-14-8; IC 13-IS-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-11-2; IC 13-18-4; IC 13-20-10;IC 14-32 Sec. 5. For purposes ofthis rule, the following definitions apply: (1) "Best management practice" or "BMP" means any structural or nonstructural control measure utilized to improve the quality and, as appropriate, reduce the quantity ofstorm water run-off. The [enn includes schedules ofactivities, prohibitions of practice, treatment requirements, operation and maintenance procedures, use of containment facilities, land use planning, policy techniques, and other management practices. (2) "Buffer strip" means an existing, variable width strip of vegetated land intended to protect water quality and terrestrial and aquatic habitat in an adjacent resource or area. (3) "Canine park" means a designated public location where dogs are restricted and animal waste may accumulate. For the purposes of this rule, the term does not include kennels, municipal dog impoundments, or humane society buildings. Indiana Administrative Code Page 71 NPDES GENERAL PERMIT RULE •il (4) "Class V injection well" means a type of well, which typically has a depth greater than its largest surface. dimension, emplaces fluids into the subsurface, and does not meet the definitions of Class I though Class IV wells az defined under 40 CFR 146.5. While the term includes the specific examples described in 40 CFR 144.81, septic systems that serve more than one (1)single-family dwelling or provide service for nondomesfic waste, dugwells; bored wells, improved sinkholes, french drains, infiltration sumps, and infiltrntion galleries, it does not include surface impoundments, trenches, or ditches that are wider than they are deep. (5) "Combined sewer" means a sewer that is designed, constructed, and used to receive and transport combined sewage. (6) "Combined sewer operational plan" or "CSOOP" means a plan that contains the minimum technology controls applicable to, and requirements for operation and maintenance of, a combined sewer system: (A) before; (B) during; and (C) upon completion of,• [he implementation of a long term control plan. (7) "Commissioner" refers to the commissioner of the departrnent of environmental management. (8) "Constructed wetland" means a manmade shallow pool that creates Bowing conditions suitable for wetland vegetation and is designed to maximize pollutant removal. (9) "Contiguity" means an entity's proximity to a designated MS4 area th such a way that it allows for direct discharges of storm water run-off into the regulated MS4 conveyance. (10) "Conveyance" means any structural process for transferring storm water between at leazt two (2) points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways. (11) "Daily user population" means a population for an entity that is present at that location on a daily basis. (12) "Dechlorinated swimming pool discharge" means chlorinated water that has either sat idle for seven (7) days following chlorination prior [o discharge to the MS4 conveyance or, by analysis, does not contain detectable concentrations (less than five-hundredths (0.05) milligram per liter) of chlorinated residual. (13) "Department" refers to the department of environmental management. (14) "Detention basin" means a type of storage practice used to detain or slow storm water run-offand [hen release it through ' a positive outlet. (15) "Disposal" means the: (A) discharge; (B) deposit; (C) injection; (D) spilling; (E) leaking; or (F) placing; of any solid waste or hazardous wazte into or on any land or water so that [he solid waste or hazardous wazte, or any constituent of the waste, may enter [he environment, be emitted into the air, or be discharged into any waters, including ground waters. (16) "Dry well" means a type of infiltration practice that allows storm water run-off to flow directly into the ground via a bored or otherwise excavated opening in the ground surface. (17) "Filter strip" means a type ofvegeta[ive practice used to filter storm water run-off through the use of planted or existing vegetation near disturbed or impervious surfaces. (] 8) "Floatable" means any solid waste that, due to its physical characteristics, will float on the surface of water. For the purposes of this rule, the term does not include naturally occurring floatables, such az leaves or tree limbs. (19) "Flood plain" means the area adjoining a river, stream, or lake that is inundated by the base flood as determined by 3 ] 2 IAC ]0. (20) "Floodway" means the channel of a river or stream and those portions of the flood plain adjoining the channel that are reasonably required to efficiently carry and discharge the peak flow from the base flood az deternined by 312 IAC 10. (21) "Full-time equivalent enrollment" means a college or university enrollment of undergraduate students curently taking fifteen (15) credit hours of course work and graduate or professional students curently taking twelve (12) credit hours of course work. Each respective fifteen (IS) or twelve (12) credit hours of course work equals one (l) full-time equivalent. (22) "Garbage" means all putrescible animal solid, vegetable solid, and semisolid wastes resulting from the: Indiana Administ ati C d ~ r ve o e Page 72 ~ ~:.. • NPDES GENERAL PERMIT RULE PROGRAM (A) processing; (B) handling; (C) preparation; (D)cooking; (E) serving; or (F) consumption; of food or food materials. (23) "General permit rule boundary" means an azeabased upon existing geographic orpolitical boundazies indicating the area within which an MS4 conveyance affected by this rule is located. (24) "Grass Swale" means a type of vegetative practice used to filter storm water run-offvia a vegetated, shallow-channel conveyance. (25) "Ground water" means such accumulations ofunderground water, natural or artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon this state. The temt does not include manmade underground storage or conveyance structures. (26) "Household hazardous waste" or "HHW" means solid waste generated by households that: (A) is ignitab]e, as defined under 40 CFR 261.21; (B) is toxic, as defined under 40 CFR 261.24; - (C) is reactive, as defined under 40 CFR 261.23; (D) is corrosive, as defimed under 40 CFR 261.22; or (E) otherwise poses a threat to human health or the environment. (27) "Hydrologic unit code" or "HUC" means a numeric United States Geological Survey code that corresponds to a watershed area. Each area also has a text description associated with the numeric code. (28) "Illicit discharge" means any discharge [o an MS4 conveyance that is not composed entirely of storm water, except naturally occurring floatables, such as leaves or tree 3imbs. Sources of illicit discharges include sanitary wastewater, septic ~• tank effluent, car wash wastewater, oil disposal, radiator flushing disposal, laundry wastewater, roadway accident spillage, and household hazardous wastes. (29) "Impervious surface" means any surface that prevents stone water to readily infiltrate into the soils. (30) "Individual NPDES permit" means an NPDES permit issued to one (1) MS4 operator that contains requirements specific to that MS4 conveyance. (31) "Infiltration basin or trench" means a type of infiltration practice used to filter storm water run-off into soils via the use of installed structures with porous material. (32) "Infiltration gallery" means a type of infiltration practice used to filter stone water run-offinto soils that utilizes one (1) or more vertical pipes leading to a horizontal, perforated pipe laid within a trench, often backfilled with gravel or some other permeable material. (33) "Infiltration practices" means any structural BMP designed to facilitate the percolation of run-off through the soil to ground water. Examples include infiltration basins or trenches, dry wells, and porous pavement. (34) "Initial receiving water" means a water that is the direct recipient of a discharge from an MS4 area after the discharge passes through another MS4 conveyance. (35) "Larger common plan of development or sale" means a plan, undertaken by a single developer or a group of developers acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designed, purchased, or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as part of a larger common plan. The tennalso includes phased consWction by a single entity for its own use. (36) "Legally binding agreement" means a written, enforceable legal document used to describe responsibilities betweenjoin[ permittees or other entities. (37) "Load allocation" means the portion of a receiving waterbody's loading capacity that is attributed either to one (1) of its existing or future nonpoint sources of pollution or to natural background sources. (38) "Long term control plan" or "LTCP" means a plan that is: (A) consistent with the federal Combined Sewer Overflow Control Policy (59 FR 18688); and (B) developed in accordance with the recommendations set forth in Combined Sewer Overflows Guidance for Long- Term Control Plan (EPA 832B95002). (39) "Minimum control measure" or "MCM" refers to the following minimum measures required by this rule: Indiana Administrative Code Page 73 ~1'1 NPDES GENERAL PERMIT RULE PROGRAM (A) Public education and outreach. (B}public participatioa and involvement. (C) Illicit discharge detection and elimination. (D) Construction site run-off control. (E) Postconstmction run-off control. (F) Pollution prevention and good housekeeping. (40) "MS4 area" means a land area comprising one (]) or more places that receives coverage under one (1) NPDES storm water permit regulated by this rule or 327 IAC 5-4-6(a)(4) and 327 IAC 5-4-6(a)(5). (41) "MS4 entity" means a public or private body that owns, operates, or maintains a storm water conveyance system, including a transportation agency operated by that body. The term can also include federal, state, city; town, county, district, association, or township public bodies and privately owned universities, colleges, or storm water utilities. For the purposes ofthis rule, the term does no[ include non-MS4 entity-owned shopping malls, office parks, apartment complexes, golfcourses, churches, or hotels. (42) "MS4 operator" means the person responsible for development, implementation, or enforcement of the MCMs for a designated MS4 area. (43) "Municipal separate storm sewersystem" or "MS4" means a conveyance or system ofconveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, that is: (A) owned or operated by a: (i) federal, state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over storm water, including special districts under state law such as a sewer district, flood control district, or drainage district, or similaz entity, or a designated and approved management agency under Section 208 of the Clean Water Act (33 U.S.C. 1288) that discharges into waters of the state; or (ii) privately owned storm water utility, hospital, university, or college having jurisdiction over storm water that discharges into waters of the state; (B) designed or used for collecting or conveying storm water; (C) not a combined sewer; and (D) not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2. (44) "Municipal, state, federal, or institutional refueling area" means an operating gasoline or diesel fueling area whose primary function is to provide fuel to either municipal, state, federal, or institutional equipment or vehicles. (45) "Mutual drain" means a drainage system that: (A) is located on two (2) or more tracts of land that are under different ownership; (B) was established by the mutual consent of all the owners; and (C) was no[ established under or made subject to any drainage statute. (46) "Nonpoint source" means a source ofwater pollution that does not meetthe definition ofpoint source. The term includes in-p]ace pollutants, direct wet and dry deposition, ground water inflow, and overland run-off. (47) "Notice ofdeficiency letter" or "NOD letter" means awritten notification from the deparhnent indicating anMS4 entity's deficiencies in its NOI letter or SWQMP submittals. (48) "Notice of intent letter" or "NOI letter" means a written notification indicating an MS4 entity's intention to comply with the terms ofthis rule in lieu of applying for an individual NPDES permit and includes information as required under sections 6 and 9 of this rule. It is the application for obtaining permit coverage under this mle. (49) "Notice of sufficiency letter" or "NOS letter" means a written notification from the deparhnent indicating that an MS4 entity has sufficiently provided the requved information in its NOI letter or SWQMP submittals. (50) "Notice of termination letter" or "NOT letter" means a written notification from the department indicating that an MS4 entity has met the conditions to terminate its permit coverage under this rule. (51) "Open space" means any land area devoid of any disturbed or impervious surfaces created by industrial, commercial, residential, agricultural, or other manmade activities. (52) "Outfall" means a point source discharge via a conveyance of storm water run-off into a water of the state. (53) "Outfall scouring" means the deterioration of a stream bed or lake bed from an ou[fall discharge [o an extent that the excessive settling of solid material results and aquatic habitat is diminished. (54) "point source" means any discernible, confined, and discrete conveyance, including a pipe, ditch, channel, tunnel, conduit, well, or discrete fissure. ~ - Indiana Administrative Code Page 74 ~_ ~,. • NPDES GENERAL PERMIT RULE PROGRAM - (SS) "Pollutant ofconcem" means any pollutanttha[ has been documented via analytical data as a cause of impairment in any waterbody, or to another MS4, to which the MS4 discharges. (56) "Porous pavement" means a type of infiltration practce to improve the quality and reduce the quantity of storm water run-off via [he use of manmade, pervious pavement which allows run-off to percolate through the pavement and into underlying soils. (57) "Private drain" means a drainage system that: (A) is located on land owned by one (I) person or by two (2) or more persons jointly; and (B) was not established under or made subject to any drainage statute. (S8) "Programmatic indicator" means any data collected by an MS4 entity [hat is used to indicate implementation of one (1) or more minimum control measures. (S9) "Qualified professional" means an individual who is trained and experienced in storm water treatment techniques and related fields as may be demonstrated by state registration, professional certification, experience, or completion of coursework that enable the individual to make sound, professionaljudgmentsregardmg storm water control ortreatment and monitoring, pollutant fate and transport, and drainage planning. (60) "Rain gazden" means a vegetative practice used to alter impervious surfaces, such as roofs, into pervious surfaces for absorption and treatment of rainfall. (61) "Receiving stream" or "receiving water" means a waterbody that receives a discharge from an ou[fal 1. The term does not include private drains, unnamed conveyances, retention and detention basins, or constructed wetlands used as treatment. (62) "Redevelopment" means alterations of a property that change a site or building in such a way that there is disturbance of one (I) acre or more of land. The term does not include such activities as exterior remodeling. (63) "Responsible individual" means the person responsible for development, implementation, orenforcement of[he MCMs for a designated MS4 entity. (64) "Retail gasoline outlet" means an operating gasoline or diesel fueling facility whose primary function is the resale of fuels. The term applies to facilities that create five thousand (5,000) or more square feet of impervious surfaces or generate ~• an average daily traffic count of one hundred (100) vehicles per one thousand (1,000) square feet of land area. ~"' (6S) "Retention basin" means a type of storage practice, that has no positive outlet, used to retain storm water run-off for an indefinite amount of time. Run-off from this type of basin is removed only by infiltration through a porous bottom or by evaporation. (66) "Riparian habitat" means a land area adjacent to a waterbody that supports animal and plant life associated with that waterbody. (67) "Riparian zone" means a land area adjacent to a waterbody that is directly associated with [hat waterbody. (68) "Sand" means mineral material with a size range between two (2) and one-sixteenth ('/ib) millimeter diameter. (69) "Sedimentation" means the settling and accumulation of unconsolidated material carried by storm water run-off. (70) "Sensitive area" means a waterbody identified as needing priority protection or remediation based on: (A) having threatened or endangered species or their habitat; (B) usage as a public surface water supply intake; (C) usage for full body contact recreation, such as bathing beaches; or (D) exceptional use classification as found in 327 IAC 2-I-11(b), outstanding state resource water classification as found in 327 IAC 2-I-2(3) and 327 IAC 2-1.5-19(b). (71) "Significant contributor ofpollutants" means an MS4 entity or industrial facility that contributes pollutants into an MS4 conveyance in such a quantity or quality and [o such a degree that it impacts the receiving MS4 operator's ability to comply with applicable state or federal law. (72) "Soil and water conservation district" or "S WCD" means a political subdivision established under IC 14-32. (73) "Solid waste" means any garbage, refuse, sludge for a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations or from community activities. The term does not include: (A) solid or dissolved material in: (i) domestic sewage; or (ii) irrigation return flows or industrial discharges; that aze point sources subject to permits under Section 402 of the Federal Water Pollution Control Act Amendments • Indiana Administrative Code Page 75 •_ 3 NPDES GENERAL PERMIT RULE PROGRAM (33 U.S.C. 1342); (B) source, special nucleaz, or byproduct material (as defined by the Atomic Energy Act of 1954 (42 U.S.C. 201 l et seq.); (C) manures or crop residues retained to the soil at the point of generation as fertilizers or soil conditioners as part of a total farm operation; or (D) vegetative matter at composting facilities registered under IC 13-20-10. (74) "Spill" means the unexpected, unintended; abnormal, or unapproved dumping, leakage, drainage, seepage, discharge, or other loss of petroleum, hazardous substances, extremely hazardous substances, or objectionable substances. The term does not include releases to impervious surfaces when the substance does not migrate offthe surface or penetrate the surface and enter the soil. (75) "Standard Industrial Classification code" or"SIC code" meansthe four (4) digit code applicable to a particular industrial activity in accordance with the Standard Industrial Classification Manual published by the Office of Management and Budget of the Executive Office of the President of the United States. (76) "Storage practices" means any structural BMP intended to store or detain storm water and slowly release it to receiving waters or drainage systems. The term includes detention and retention basins. (77) "Storm drain marking" means any marking procedure that identifies a storm sewer inlet as draining directly to a receiving waterbody so as to avoid dumping pollutants. The procedures can include painted or cast messages and adhesive decals. (78) "Storm water" means water resulting from rain, melting or melted snow, hail, or sleet. (79) "Storm water quality management plan" or "SWAMP" means a comprehensive written document that addresses storm water run-off quality within an MS4 area. The SWAMP is divided into three (3) different submittal parts as follows: (A) Part A-Initial Application, (B) Part B-Baseline Characterization and Report. (C) Part C-Program Implementation. (80)"Stream reach characterizationandevaluationreport"or"SRCER"meansawrittenreportthatcharacterizesandevaluates the pollutant sources on receiving waters from a combined sewer system discharge. (81) "Total maximum daily load" or "TMDL" means the sum ofthe daily individual wasteload allocations for point sources and load allocations for nonpoint sources and natural background minus the sum of a specified margin of safety and any capacity reserved for growth. A TMDL sets and allocates the maximum daily amount of a pollutant that may be introduced into a waterbody and still assure attainment and maintenance of water quality standards. (82) "Traffic phasing plan" means a written plan that addresses [he installation of appropriate pollution prevention practices that is directly related [o the land disturbance associated with infrastructure constmcted to reroute vehicular traffic within an active constmction zone. The term does not include detours that are directed away from the active construction area. (83) "Urbanized area" or "UA" means a land area comprising one (1) or more places that together have a residential populaton ofat least fifty thousand (50,000) and an overall population density ofat least five hundred (500) people per squaze mile. (84) "Vegetative practices" means any nonstmctaral or stmctural BMP [hat, with optimal design and good soil conditions, utilizes various forms of vegetation to enhance pollutant removal, maintain and improve natural site hydrology, promote healthier habitats, and increase aesthetic appeal. Examples include grass swales, filter strips, buffer strips, constructed wetlands, and rain gardens. (85) "Waste transfer station" means a place where solid wastes are segregated for additional off-site processing or disposal. (86) "Wasteload allocation" means the portion of a receiving stream's loading capacity that is allocated to one (1) of its existing or future point sources of pollution. (87) "waterbody" means any accumulation of water, surface or underground, natural or artificial, including rivers, streams, creeks, ditches, swales, lakes, ponds, marshes, wetlands, and ground water. The term does not include any storage or treatment structures. (88) "Watercourse" means the path taken by flowing surface water. (89) "Waters" means: (A) the accumulations of water, surface and underground, natural and artificial, public and private; or (B) a part of the accumulations of water; that are wholly or partially within, flow through, or border upon Indiana. The [enn does not include a private pond, or an off- stream pond, reservoir, or facility built for seduction or control of pollution or cooling of water before discharge, unless the Indiana Administrative Code Page 76 •; NPDES GENERAL PERMIT RULE PROGRAM discharge from the pond, reservoir, or facility causes or threatens to cause water pollution. (90) "Watershed" means an area of land from which water drains to a common point. (91) "Wellhead protection area" has the meaning set forth at 3271AC 8-4.1-1(27). (Water Pollution Control Board; 327 /AC I5-73-5; filed /u7 7, 2003, 2:15 p. m.: 267R 3578; errata filed Sep 8, 1003, 3:15 p.m.: 27 IR 19!) 327 IAC 15-13-6 Nofice of intent letter requirements Authority: IC 13-14-8; IC 13-IS-1-2; IC 13-IS-2-1; [C 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 6. (a) Unless one (1) application is submitted for multiple MS4 entities, each MS4 entity shall submit an NOI letter with the following information, which will serve as the permit application: (1) Contact information required under subsection (b). - (2) List of all known receiving waters or, if the discharge is to another MS4, the name of the MS4 entity and [he initial receiving water. For the purposes of the NOI letter submittal, receiving waters include, at a minimum, waters listed on the United States Geological Survey National Hydrography Dataset or, ifno waters are listed on this data base within agiven MS4 area, the primary receiving water for the MS4 area drainage. As additional receiving waters are identified, the information must be provided in the cortesponding annual report required in section 18 of this rule. (3) Copy of the completed S WQMP-Part A: Initial Application certification submittal and checklist fore. (4) Proof of publication in the newspaper with [he greatest circulation in the affected MS4 area The notice must provide a listing of all entities intended to be covered under the permit. This statement must be included in the public notice, "(MS4 entity name and address) intends to discharge storm water into the (text name and numeric code of all 14-digit Hydrologic Unit Code area) 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 3271AC 15-13 to discharge storm water run-off associated ~`• with municipal separate storm sewer systems.". (5) Certification, by completing and signing Appendix A of the NOI letter, that any applicable, legally binding agreements between MS4 area entities have been obtained concerning individual responsibilities for implementation of this rule. (b) The contact information required under subsections (a)Q) and (c)(I) must include the following: (1) Name of MS4 operator, primary contact individual (if different from the MS4 operator), or responsible individual for each MS4 entity. (2) Title of [he MS4 operator, primary contact individual (if different from the MS4 operator), or responsible individual or individuals. (3) MS4 entity represented by the MS4 operator, primary contact individual (if different from the MS4 operator), or responsible individual or individuals. (4) Mailing (and, if different, [he physical) address ofthe MS4 operator, primary contact individual (ifdifferent from the MS4 operator), or responsible individual or individuals. (5) Telephone and facsimile number of the MS4 operator, primary contact individual (if different from the MS4 operator), or responsible individual or individuals. (6) E-mail address (if available) of MS4 operator, primary contact individual (if different from the MS4 operator), or responsible individual or individuals. (c) The SWQMP-Part A: Initial Application required under subsection (a)(3) must contain the following: (1) Written listing of the M54 entities within an MS4 area covered by [he NOI letter submittal. The listing must provide the name of each MS4 entity, a responsible individual for each MS4 entity, and contact information for each MS4 entity. (2) Written schedule which, at a minimum, adheres to the compliance schedule in section l l of this rule. (3) Written proposed or estimated budget allocation for the MS4 area s storm water program with a summary of identified fundimg sources. When multiple MS4 entities are applying under a single NOI letter,the budget allocation must be, at a minimum, separated by MS4 entity. (d) Multiple MS4 entities within an MS4 area may submit a single NOI letter provided they comply with the submittal requirements of this section. Coverage under a single NOI letter will only be allowed if all the MS4 entities seeking coverage consolidate, and provide, [he required information in sections 7, 8, and 18 of this rule as single submittals, and the information is submitted to [he department by the MS4 operator designated in subsection (b). MS4 operators may utilize materials from existing ~. Indiana Administrative Code Page 77 ~; NPDES GENERAL PERMIT RULE PROGRAM - local or state programs, or partner with an existing individual MS4 permittee, if all parties agree [o coordinate responsibilities in accordance with subsection (a)(5). (e) Multiple MS4 entities within an MS4 area may submit a sepazate NOI letter corresponding [o each entity and still share responsibilities for implementation of one (1) or more of the requirements in this rule provided they comply with [he submittal requirements of this section and coordinate responsibilities in accordance with subsection (a)(5). (f) Where multiple MS4 entities submit one (1) or more NOI letters based on a watershed de]ineation and the created MS4 area contains undesignated MS4 entities, [he undesignated MS4 entities shall not be subject [o the provisions of this rule unless the applicability requirements of section 3 of [his rule apply. (g) Where the MS4 operator changes, or where a new operator is added after the submittal of an NOI letter, a new NOI letter must be completed and submitted in accordance with 327IAC I5-2-8 and sections 6 and 9 of this rule. If no other conditions change except for the name of the MS4 operator, a written letter describing the name change and a statement that no other conditions, including those conditions in the SWQMP-Part A: Initial Application and legal agreements, have changed will be-sufficient notification to the department. (h) An MS4 entity within an MS4 area that does not have the legal authority or other regulatory mechanisms to implement one (1) or more of the six (6) minimum control measures required under this rule shall either obtain the legal authority or other regulatory mechanism, or work with a neighboring regulated MS4 entity, via legally binding agreements, to share responsibilities. (i) All documents and information required by this section must meet the signatory requirements of 327IAC 15-4-3(g). (j) A qualified professional and the MS4 operator shall certify, with the stated paragraph found in 327 IAC 15-4-3(g)(3), a submitted SWQMP-Part A: Initial Application checklist form. (k) The department shall review initially submitted NOI letters and SWQMP-Part A: Initial Applications for adequacy and shall assign each NOI letter an NPDES permit number. Either a written NOD letter requesting additional information or NOS letter containing the assigned NPDES permit number shall be returned to the MS4 operntor within ninety (90) days of the NOI letter submittal. If the MS4 operator does no[ receive either a NOD letter or NOS letter within ninety (90) days of the NOI letter submittal, the NOI letter and SWQMP-Part A: Initial Application will be considered adequate. (I) Responses to NOD letters shall be made by the recipient within thirty (30) days of the date on the NOD letter. • (m) Forms for [he NOI letter, SWQMP, annual report, and required certifications shall be provided by the department. (Water Po!lutron Control Board; 327IAC IS-13-S; fi[edJu[ 7, 2003, 2: /S p.m.: 261R 3583; errata filed Sep 8, 2003, 3:15 p.m.: 27IR /91) 327IAC 15-13-7 SWQMP-Part B: baseline characterization and report Authority: IC 13-14-8; IC 13-15-I-2; [C 13-IS-2-l; IC 13-18-3-1; IC t3-18-3-2 Affected: IC 13-18-4 Sec. 7. (a) An MS4 operator shall characterize the water quality of all known waters that receives[orm water outfall discharges within the MS4 area. This characterization may begin with the receiving waters identified in [he NOI letter submittal, and, as receiving waters are identified, the characterization shall be expanded to those additional receiving waters and the subsequent information presented in the corresponding annual report required under section ] 8 of this rule. The water quality characterization must utilize existing or new information that may describe the chemical, biological, or physical condition of the MS4 area water quality. If monitoring is conducted as part of the characterization, the monitoring ofreceiving waters shall be either at, or in proximity to, all known, or representative, storm wateroutfall discharges. After the baseline characterization data is collected, [he MS4 operator shall evaluate the data in the baseline characterization to de[erminewhich identified areas or specific discharge points are in need of additional water quality measures. This baseline characterization must include the following: (I)An investigation of land usage and assessment ofstructuml and nonstructurnl storm water BMP locations and conclusions, such as key observation or monitoring locations in the MS4 conveyances, derived from the land usage investigation. (2) The identification of known sensitive areas, such as public swimming areas, surface drinking water intakes, waters containing threatened or endangered species and their habitat,-or state outstanding resource and exceptional use waters. The identified sensitive areas should be given the highest priority for the selection of BMPs and the prohibition of new or significantly increased MS4 discharges. (3) A review of known existing and available monitoring data of the MS4 area receiving waters, including, as applicable, data that can be correlated from SRCERs. (4) The identification of areas having a reasonable potential for or actually causing storm water quality problems based on the available and relevant chemical, biological, physical, land use, and complain[ data Administrative Code Page 78 ~~ ~~ NPDES GENERAL PERMIT RULE PROGRAM (5) Assessment results of BMP locations and, as appropriate, the stmctural condition of [he BMP related to the BMP's effectiveness in improving storm water quality. As appropriate, this assessment should include recommendations for placement and implementation of additional BMPs within the MS4 area. (b) An S W QMP-Part B: Baseline Characterizationand Report addressing the requirements of subsection (a) must be developed and submitted to the department at the address specified in section 9(b) of this rule. The SWQMP-Part B: Baseline Characterization and Report and completed corresponding certiSca[ion form must be submitted no later than one hundred eighty (180) days from the date [he initial NOI letter submittal was received by the department or the expiration date of the previous five (5) year permit term. (c) The department shall review the SWQMP-Part B: Baseline Characterization and Report for adequacy, and a written NOS letter or NOD letter shall be issued to the MS4 operator. If no letter is issued within ninety (90) days of submittal, the S WQMP-Part B: Baseline Chazacterization and Report is deemed sufficient (d) Responses to NOD letters shall be made by the recipient within thirty (30) days of the date on the NOD letter. (e) Ongoing data collection related to the SWQMP-Par[ B: Baseline Characterization and Report must be submitted to the department with the corresponding annual report. (f) A qualified professional and the MS4 operator shall certify, with the stated parngrnph found in 327 IAC 15-4-3(g)(3), a submittedSWQMP-PartB:BaselineCharncterizationandReportcheck]istform.(WoterPollutionControlBoard; 3271AC1S-13-7; filed Jul 7, 2003, Z.~ /5 p. m.: 26lR 3584) 327IAC 15-13-8 Submittal of an SWQMP-Part C: program implementation Authority: IC 13-14-8; IC 13-IS-1-2; IC 13-IS-2-I; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 8. (a) An MS4 operator shall develop and implement an SWQMP-Part C: Program Implementation. The SWQMP-Part C: Program Implementation must contain the following: ~. (1)AninitialevaluationofthestormwaterprogrnmfortheMS4area.Thisevaluationshouldincludeinformationonallknown sttvcmral and nonstructural storm water BMPs utilized. (2) A detailed program description for each minimum control measure (MCM) referenced in sections 12 through 17 ofthis rule. (3) A timetable for program implementation milestones, which includes milestones for each of the MCMs referenced in sections 12 through 17 ofthis rule, and applicable SWQMP-Part B: Baseline Characterization and Report conclusions (BMP recommendations, additional protective measures for sensitive areas, and correcting identified water quality problems). (4) As appropriate, a schedule for ongoing characterization ofthereceiving waters either at, or in proximity to, outfal] locations identified in the SWQMP-Part B: Baseline Characterization and Report [o evaluate BMP effectiveness and receiving water quality. (5) A narrative and mapped description ofthe MS4 area boundaries that indicate responsible MS4 entity areas for each MCM. The narrative description must include the specific sectional or, as appropriate, the street name boundaries of the MS4 area. (6) An estimate of [he linear fee[ of MS4 conveyances within [he MS4 area, segregated by MS4 Type, for example, by open ditch or pipe. - (7) Asummary of which strucmrnl BMP types will be allowed in new development and redevelopment for the MS4 area. (8) A summary on storm water structural BMP selection criteria and, where appropriate, associated performance standards that must be met after installation to indicate BMP effectiveness. (9) A summary of the current storm water budget, expected or actual funding source, and a projection of the budget for each year within the five (5) year permit term. (10) A summary of measurable goals for, at a minimum, each MCM referenced in sections 12 through 17 ofthis rule. These measurable goals shall demonstrate results [hat relate to an environmental benefit (11) Completed certification forms, as appropriate, for each MCM. The certification forms only need to be completed and submitted during the initial five (5) year permit term. (12) The identification ofprogramma[ic indicators. Programmatic indicators, grouped by corresponding MCM, must include those listed in subsection (b) that apply [o the MS4 operator. Other relevant indicators may be used in place of those listed in subsection (b). If an indicator listed in subsection (b) is not applicable to the operator, or if another relevant indicator is used, the operator shall provide rationale for the nonapplicability or substitution. Programmatic indicators do not need to be fully implemented at the time oftheSWQMP-Part C: Program Implementation submittal. Updated data for each ofthese indicators Indiana AdminisVative Code Page 79 ~:. NPDES GENERAL PERMIT RULE PROGRAM must be submitted in each annual report. (b) The programmatic indicators must address the following: (]) Number or percentage of citizens, segregated by type of constituent as referenced in section 12(a) of this rule, that have an awareness of storm water quality issues. (2) Number and description of meetings, training sessions, and events conducted to involve citizen constituents in the storm water program. (3) Number or percentage of citizen constituents that participate in storm water quality improvement programs. (4) Number and location of storm drains mazked or cast, segregated by marking method. (5) Estimated or actual linear feet or percentage of MS4 mapped and indicated on an MS4 area map. (6) Number and location of MS4 area outfalls mapped. (7) Number and location of MS4 area outfalls screened for illicit discharges. (8) Number and location of illicit dischazges detected. (9) Number and location of illicit discharges eliminated. (10) Number of and estimated or actual amount of material, segregated by type, collected from HHW collections in the MS4 area. (11) Number and location of constituent drop-off centers for automotive fluid recycling. (12) Number or percentage of constituents that participate in the HHW collections. (13) Number of construction sites obtaining an MS4 entity-issued storm water run-off permit in [he MS4 area. (14) Number of construction sites inspected. , (IS) Number and type of enforcement actions taken against construction site operators. (16) Number of, and associated construction site name and location for, public informational requests received. (17) Number, type, and location of structural BMPs installed. (18) Number, type, and location of structural BMPs inspected. (19) Number, type, and location of structural BMPs maintained or improved to function properly. (20) Type and location of nonstructural BMPs utilized. (21) Estimated or actual acreage or square footage of open space preserved and mapped in the MS4 area, ifapplicable. (22) Estimated or actual acreage or square footage ofpervious and impervious surfaces mapped in the MS4 area, ifapplicable. (23) Number and location of new retail gasoline outlets or municipal, state, federal, or institutional refueling areas, or outlets or refueling areas that replaced existing tank systems that have installed storm water BMPs. (24) Number and location of MS4 entity facilities that have containment for accidental releases of stored polluting materials. (25) Estimated or actual acreage or square footage, amount, and location where pesticides and fertilizers are applied by a regulated MS4 entity to places where storm water can be exposed within the MS4 area. (26) Estimated or actual linear feet or percentage and location of anvegetated swales and ditches [hat have anappropriately- sized vegetated filter strip. . (27) Estimated or actual linear feet or percentage and location of MS4 conveyances cleaned or repaired. (28) Estimated or actual linear feet or percentageand location of roadside shoulders and ditches stabilized, ifapplicable. (29) Number and location of storm water outfall areas remediated from scouring conditions, ifapplicable. (30) Number and location of deicing sal[ and sand storage areas covered or otherwise improved to minimize storm water exposure. (31) Estimated or actual amount, in tons, of salt and sand used for snow and ice control. (32j Estimated or actual amount ofmaterial by weight collected from catch basin, [rash rack, or other swc[ural BMP cleaning. (33) Estimated or actual amount of material by weight collected from street sweeping, if utilized. (34) If applicable, number or percentage and location of canine parks sited at least one hundred fifty (150) fee[ away from a surface waterbody. (c) An SWQMP-Part C: Program Implementation and completed corresponding certification form must be submitted to the department within three hundred sixty-five (365) days from the date [he initial NOI letter submittal was received by [he department or the expiration date of the previous five (5) year permit term. (d) The department shall review submitted SWQMP-Part C: Program Implementations for adequacy. Either a written NOD letter requesting additional information orNOS letter shall be sent to the MS4 operator within ninety (90) days ofthe SWQMP-Part C: Program Implementation submittal If no letter is issued within ninety (90) days of submittal, the plan isdeemed sufficient (e) Responses to NOD letters must be made by the recipient within thirty (30) days of the date on the NOD letter. Indrana Admmtstra[ive Code Page 80 • • - NPDES GENERAL PERMIT RULE PROGRAM (f) As conditions or allowed technologies change, the SWQMP-Part C: Program Implementation must be updated. When updates are creased, relevant sections of the SWQMP-Part C: Program Implementation containing the updates must be submitted [o the commissioner as an attachment to the corresponding annual report required under section 18 of this rule. (g) A qualified professional and the MS4 operator shall certify, with the stated paragraph found in 327 IAC 15-4-3(g)(3), a submitted SWQMP-Part C: Program Implementation checklist form. (Water Pollution Control Board' 3271AC lS-13-8; filed Jul 7, 2003. 2: 15 p. m.: 26IR3585; erratafeledSep8, 2003, 3:ISp.m.: 27lR 19/) 327 IAC 15-13-9 Submittal of au NOI letter and other documents Authority: IC 13-14-8; IC 13-15-I-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 9. (a) All information required under section 6 of this rule must be submitted to the commissioner. An MS4 entity that meets the designation criteria under section 3 of this rule shall submit theNOIletter, SW QMP-Part A: Initial Application, and other required documentation no later than ninety (90) days from the effective date of this rote unless: - _ (1) written permission for a later date has been granted by the commissioner; or (2) the MS4 entity was not notified in writing at least one hundred eighty (180) days prior to the effective date of this rule. (b) A termination request, the NOI letter, Parts A, B, and C of the SWQMP, and any other required information must be submitted to: Indiana Department of Environmental Management Office of Water Quality, Urban Wet Weather Section I00 North Senate Avenue, Room N 1255 Indianapolis, Indiana 46204 Attention: Rule 13 Storm Water Coordinator (c) The permit and the compliance schedules of [his rule become effective upon receipt of the initial NOI letter by the department. • (d) The commissioner may deny coverage under this rule and require submittal of an application for an individual NPDES permit based on a review ofthe NOI letter or other information. This review may consider the location and size ofthe discharge, the quantity and nature ofthe pollutants discharged, and other relevant factors. Before completing the review, the department will inform the MS4 entity as to what information is being used for the review and provide the MS4 entity an opportunity [o respond if the MS4 entity believes the information used is inaccurate or incomplete. (e) An MS4 entity that either was not notified in writing a2leas[ one hundred eighty (180) days prior to the effective date of this rule or meets the designation criteria of section 3 of this rule after the effective date of this rule due to changing conditions or new facility construction shall submit the required information under section 6 of this rule within three hundred sixty-five (365) days of either: (1) [he date of receivership on the written notification; (2) becoming aware of the relevant changed conditions; or (3) upon the initiation of facility operntions; unless written permission for a later date has been granted by [he commissioner. (f) Any person who knowingly makes any false statement, representation, or certification in any document submitted or required to be maintained under this rule is subject to 327 IAC 15-4-3(i). (Water Pollution Control Board; 327 /AC l5-13-9; fled Jul 7, 2003, 2.15 p.m.: 267R 3587; errata filed Feb 6, 2006, 11:15 a.m.: 29 /R 1939) 327 IAC 15-13-10 MS4 permit implemen[atioa; coordination with total maximum daily load allocations Authority: IC 13-14-8; IC 13-15-I-2;IC 13-15-2-I; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 10. If a total maximum daily load (TMDL) is approved for any waterbody into which an MS4 conveyance discharges, the MS4 operntor must review and appropriately modify Parts B and C of their SWQMP if the TMDL includes requirements for control of storm water dischazges under the jurisdiction of the MS4 operator (Water Pollution Control Board; 3277AC 15-13-10; filed Ju17, 2003, 2:15 p. m.: 267R 3587) • Indiana Administrative Code - Page 81 NPDES GENERAL PERMIT RULE PROGRAM 327IAC 15-13-11 Compliance schedule Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 11. An MS4 operator shall comply with the following schedule for implementation of this rule: Compliance Deadline Rule Requirement (from initial NOI letter receivership date) Storm Water Quality Management Plan: Components throughout term of permit Part A: Initial Application submitted - W i[h NOI letter Part B: Baseline Characterization and Report submitted 180 days Part C: Program Implementation submitted 1 yeaz Public Education and Outreach MCM implementation: Throughout term of permit Public education and outreach program development certification submitted 1 year Public Involvement/Participation MCM implementation: Throughout term of permit Public involvement and participation program development certification 1 year submitted Illicit Discharge Detection/Elimination MCM implementation: Throughout term of permit Illicit discharge plan and regulatory mechanism certification submitted 1 year 25% of storm water ou[falls systems mapped Each year after 1 year All known storm water outfall systems, with pipe diameters 12 inches or 5 years greater or open ditches with 2 fee[ or larger bottom width, mapped Construction Site Run-Off Control MCM implementation: Throughout term of permit Construction site program plan and regulatory mechanism certification 1 year submitted • Postconstmction Run-Off Contro] MCM implementation: Throughout term of permit Operational and maintenance plan certification submitted 2 years Postconsiruction program plan and regulatory mechanism certification 2 years submitted Municipal operations pollution prevention and good housekeeping MCM Throughout term of permit implementation: Operations pollution prevention program development certification submitted 1 year If an MS4 operator is unable to meet a compliance deadline under this section the operator shall submit a written request and justification for extending the deadline. The request must be submitted to the department no later than thirty (30) days prior to the due date. (Water Pollution Control Board; 327IAC IS-13-11; filed Ju17, 2003, 2:15 p. m.: 26IR 3587) 327IAC 15-13-12 Storm water quality management plan public ed ucation and outreach MCM Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 1 3-18-3-2 Affected: IC 13-18-4 Sec. 12. (a) An MS4 operator shall develop an S W QMP that includes methods and measurable goals that will be used [o inform residents, visitors, public service employees, commercial and industrial facilities, and construction site personnel within the MS4 area about the impacts polluted storm water run-off can have on water quality and ways they can minimize their impact on storm waterquality. The MS4 operator shall ensure, via documentation, that a reasonable attempt was made to reach all constituents within the MS4 area to meet this measure. (b) MS4 operators are encouraged to utilize existing programs and outreach materials to meet this measure. MS4 operators shall identify and implement an informational program with educational materials for constituents. A certification form shall be completed and submitted to the department once the program has been developed and implemented orthree hundred sixty-five (365) days from the date the initial NOI letter submittal was received by the department, whichever is eazlier.In subsequent permit teens, the certification form does notneed to be completed and submitted. At aminimum, every five (5) years [he program shall be reviewed Indiana Administrative Code page 82 •_ ~- NPDES GENERAL PERMIT RULE PROGRAM for adequacy and accuracy and updated, as necessary. (c) MS4 operators shall develop measurable goals for this MCM. An initial assessment of the MS4 azea constituents must be conducted to determine initial constituent knowledge and practices as they relate [o storm water quality. To comply with thi s measure, specific target outreach or reduction goal percentages and timetables must be identified. As applicable or, if not applicable, then appropriately justified, goals must address relevant targeted audience improvement in disposal practices, cast storm drain cover installations, school curricula or W eb site implementation, outreach to every population sector, and educational material distribution. (d) In combined sewer system municipalities designated under [his rule, the current LTCP shat l be reviewed, and any necessary language changes to ensure consistency with the SWQMP shall be included in the plan to ensure that this MCM requirement is me[. (IVater Pollution Control Board; 327 fAC IS-13-12; filed Ju[ 7, 2003, 2:15 p. m.: 26IR 3588; errata filed Sep 8, 2003, 3:15 p. m.: 27IR 191) 327 [AC 15-13-13 Storm water quality management plan public participation and involvement MCM Authority: IC 13-14-8; IC 13-15-1-2; IC l3-IS-2-I; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 13. (a) The MS4 operator shall develop an SW QMP that includes provisions to allow opportunities for constituents within the MS4 area to participate in the storm water management program development and implementation. AnMS4 operator shall ensure, via documented efforts, that sufficient opportunities were allotted to involve all constituents interested in participating in [he program process to meet this measure. Correctional facilities will no[ be required to implement [he public participation and involvement MCM. (b) An MS4 entity shall comply with applicable public notice requirements. An MS4 operator shall identify and implement a public participation and involvement program. A certification form shall be completed and submitted to the department once the program has been developed and implemented or three hundred sixty-five (365) days from the date the initial NOI letter submittal was received by the department, whichever is earlier. In subsequent permit terms, the certification form does not need to be ~ completed and submitted. At a minimum, every five (5) years the program shall be reviewed for adequacy and accuracy and updated ~. as necessary. (c) An MS4 operator shall develop measurable goals for this MCM. An initial assessment of MS4 area constituents must be conducted to identify interested individuals for participation in the MS4 area storm water program. To comply with this measure, specific outreach and reduction goal percentages and timetables must be identified. As applicable or, if not applicable, then appropriately justified, goals must address relevant community participation in citizen panels, community clean-ups, citizen watch groups and drain marking projects, and public meeting notification. (d) In combined sewer system municipalities designatedunderthis rule, the current LTCP shall be reviewed, and any necessary language changes to ensure consistency. with [he SWQMP shall be included in the plan to ensure that this MCM requirement is met. (Water Pollution Control Board; 327 /AC IS-13-13; fled Ju17, 2003, 2:15 p. m.: 26IR 3588) 327IAC 15-13-14 Storro water quality management plan illicit discharge detection and elimination MCM Authority: [C ]3-14-8; IC 13-15-1-2; iC 13-15-2-1; IC 13-t8-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 14. (a) An MS4 operator shall develop an S W QMP that includes a commitment to develop and implement a strategy to detect and eliminate illicit discharges to the MS4 conveyance. (b) An MS4 operator shall develop a storm sewer system map showing the location of all outfalls and MS4 conveyances in the particular MS4 area under the MS4 operator's control and the names and loca[ionsofall waters that receive discharges from those outfalls. A map developed under this subsection must meet the following: (I) A[ a minimum, longitude and latitude for mapped outfall locations must be done in decimal degrees, or, if a global positioning system is utilized, mapping-grade accuracy data shall be collected, where an accuracy discrepancy is less than five (5) metecs. (2) The mapping requirement must be developed as follows: (A) All known outfall conveyance systems with a pipe diameter of twelve (12) inches or larger and open ditches with a two (2) foot or larger bottom width must be mapped within the first five (5) year permit term according [o the following: (i}After the second year of permit coverage, mapping must depict the location of outfall conveyance systems for i Indiana Administrative Code Page 83 NPDES GENERAL PERMIT RULE PROGRAM at least twenty-five percent (25%) of the MS4 conveyances within the MS4 area (ii) For each additional yeaz of the initial permit term, mapping must depict at least an additional twenty-five percent (25%) of the MS4 conveyances. (B) Subsequent permit terms will require that ail remaining outfall conveyance systems are mapped. (3) The mapping requirements in subdivision (2) do not include private or mutual drains, yard swales that are not maintained by a regulated MS4 entity, or curbs and gutters. (c) Through an ordinance or other regulatory mechanism, an MS4 operator shall prohibit illicit discharges into MS4 conveyances and establish appropriate enforcement procedures and actions. (d) An MS4 operator shall develop a plan to detect, address, and eliminate illicit discharges, including illegal dumping; into the MS4 conveyance. This plan need no[ address [he following categories of nonstorm water discharges or flows unless the MS4 operator identifies [hem as significant contributors of pollutants to its MS4 conveyance: (I) Water line flushing. (2) Landscape imgation. (3) Diverted stream flows. (4) Rising ground waters, (5) Uncontaminated ground water infiltration. (6) Uncontaminated pumped ground water. (7) Discharges from potable water sources. (8) Foundation drnins. (9) Air conditioning condensation. {10) Imgation water. (11) Springs. (12) Water from crawl space pumps. (13) Footing drains. (14) Lawn watering. • {I S) Individual residential car washing. (16) Flows from riparian habitats and wetlands. (17) Dechlorina[ed swimming pool discharges. (18) Street wash water. (19) Discharges from firefighting activities. (e) The plan developed under subsection (d) must, at a minimum, locate problem areas via dry weather screening or other means, determine the source, remove or otherwise correct illicit connections, and document the actions taken. The dry weather screening or other means must utilize a field testing kit, or similarmethod, to analyze for pollutants ofconcem and other parameters, such as pH, conductivity, ornitrogen-ammonia, used to identify possible pollutant sources. All storm water outfalls in the regulated MS4 area under the MS4 operator's control must be screened for illicit discharges. The screening may be initiated grndually throughout successive five {5) year permit cycles. If the gradual approach is utilized, all storm water outfalls with a pipe diameter of twelve (] 2) inches or larger and open ditches with a two (2) foot or larger bottom width must be screened in the first five (5) year permit teen. Subsequent permit terms will require [hat all remaining outfalls be screened. (f) The plan developed under subsection (d) must identify al] active industrial facilities within [he MS4 area [hat discharge into an MS4 conveyance. This identification shall include the facility name, address, telephone number, and Standard Industrial Classification (SIC) code. Updated information regazding active industrial facilities must be submitted in each annual report. (g) A certification form must be completed and submitted to the department once the plan has been developed and implemented or three hundred sixty-five (365) days from the date the initial NOI letter submittal was received by the department, whichever is eazlier. In subsequent permit terms, the certification form does not need to be completed and submitted. At a minimum, every five (5) years the program shall be reviewed for adequacy and accuracy and updated as necessary. (h) An MS4 operator shall educate public employees, businesses, and the general public about the hazards associated with illicit discharges and improper disposal of waste. This educational effort shall include the following: (I) Informational brochures and guidances for specific audiences and school cumwla. (2) Publicizing and facilitating public reporting of illicit discharges and spills. (i) An MS4 operator shall initiate, or coordinate existing, recycling programs in the regulated MS4 area for commonly dumped wastes, such as motor oil, antifreeze, and pesticides. Indiana Administrative Code Page 84 • NPDES GENERAL PERMIT RULE PROGRAM - (j) An MS4 operator shall develop measurable goals for this MCM. To comply with [his measure, specific outreach and reduction percentages and timetables must be identified. At a minimum, goals must address relevant collection system mapping, regulatory mechanism implementation, employee training, household hazardous waste programs, illicit dischazge detection, and illicit discharge elimination. (k) In combined sewer system municipalities designated under this mle, the curtent CSOOP and LTCP must be reviewed, and any necessary language changes to ensure consistency with the SWQMP must be included in the plans to ensure that this MCM requirement is met. (Water Pollution Control Board, 327 IAC IS-13-l4; filed Ju17, 2003, 2:75 p. m.: 26IR 3589) 327IAC 15-13-15 Storm water quality management plan construction site storm water run-off control MCM Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-I; IC 13-IS-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. I5. (a) An MS4 operator shall develop an SWQMP that includes a commitment to develop, implement, manage, and enforce an erosion and sediment control program for constmc[ion activities that disturb one (1) or more acres of land within the MS4 area. (b) Through an ordinance or other regulatory mechanism, the M S4 operator shall establish a construction program [hat controls polluted run-off from constmction activities with a land disturbance greater than or equal to one (1) acre, or disturbances of less than one (1) acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (I) or more acres of land. Except for state permitting process references and submittal deadlines of construction plans and permit applications in 327 IAC I S-5, this ordinance or other regulatory mechanism must contain, at a minimum, the requirements of 327 IAC 15-5. The MS4 operator may establish a permitting process and timetable for plan and application submittals that are different than that established under 327IAC t5-5. The permitting process must include a requirement for the construction project site owner to submit a copy of the application directly to the department. A certification form shall be completed and submitted to the department once the ordinance or other regulatory mechanism is developed and a program has been implemented or three hundred • sixty-five (365) days from [he date the initial NOI letter submittal was received by the department, whichever is earlier. In subsequent permit terms, the certification form does not need to be completed and submitted. At a minimum, every five (5) years the regulatory mechanism and program shall be reviewed for adequacy and accuracy and updated as necessary. Until the MS4 operator program is implemented, NOI letters and construction plans for construction activities within the MS4 area will be submitted in accordance with 327IAC I5-5-5 and 327IAC 15-5-6 to the department and the local SWCD or department ofnatural resources, division of soil conservation, respectively. (c) Ifthe MS4 operator has not entered into a written agreement with the local SWCD to review and approve construction site plans or conduct construction site inspections, the MS4 operator shall provide an opportunity to the local SWCD to provide comments and recommendations tothe MS4 operator on individual projects. This process maybe accomplished by the MS4 operator establishing a local plan review and comment procedure, a project technical review committee, or other mechanism to solicit the input ofthe local SWCD. (d) Failure of [he SWCD to respond within a predetermined time period should not delay final action of the MS4 operator to approve plans or projects. (e) In addition to any procedural requirements for submittal to [he MS4 operator or MS4 designated entity, an NOI letter required under 327 IAC 1 S-5 must be submitted to the department for any projects within the MS4 area. (t) The MS4 operator, or a designated MS4 entity, shall meet the following: (1) Develop requirements for the implementation of appropriate BMPs on construction sites to control sediment, erosion, and other waste. (2) Review and approve the construction plans submitted by the construction site operator before construction activities commence. (3) Develop procedures for site inspection and enforcement [o ensure that BMPs are properly installed. (4) Establish written procedures to identify priority sites for inspection and enforcement based on, at a minimum, the nature and extent of the construction activity, topography, and the characteristics of soils and receiving water quality. (5) Develop procedures for [he receipt and consideration of public inquiries, concerns, and information submitted regarding local construction activities. (6) Implement, at a minimum, a tracking process in which submitted public information, both written and verbal, is documented and then given to appropriate staff for follow-up.. Indiana Administrative Code Page 85 ~~ NPDES GENERAL PERMIT RULE PROGRAM (g) MS4 area personnel responsible for plan review, inspection, and enforcement of construction activities shall receive, at a minimum, annual training addressing such topics as appropriate control measures, inspection protocol, and enforcement procedures. (h) An MS4 operator shall develop measurable goals for this MCM. To comply with this measure, specific outreach, compliance, and implementation goal percentages and timetables must be identified. At a minimum, goals must address relevant regulatory mechanism implementation, public informational request procedure implementation, site inspection procedure implementation, and construction site operator compliance improvement. (i) For those construction activities operated by the MS4 operator or MS4 municipalities within the MS4 area, construction plans must be submitted to the local SWCD, the department of natural resources, division of soil conservation, or other entity designated by the department for review and approval. tf the MS4 operator does not receive either a notice of deficiency or an approval within thirty-five (35) days of the submittal, the plan will be considered adequate. After a one (1) year period ofcompliance, the MS4 operator or the designated MS4 entity need not submit [he plans and may review MS4-operated project construction plans internally with the written authorization of the department of namrnl resources, division of soil conservation. (j) In addition [o the requirements of 327IAC IS-5-6.5, the MS4-operated project construction plans must include a traffic phasing plan for those projects that have the potential to alter vehicular traffic routes. (k) In addition to [he requirements of 327IAC 15-5-6.5(a)(7), the MS4-operated project storm water pollution prevention plan must address the following areas outside of right-of--ways: (1) Utility relocation areas. (2) Material hauling and [ransporiation routes/roads. (3) Borrow pits. (4) Temporary staging and material stockpile areas. (5) Temporary disposal azeas for waste materials. (YVater Pollution Control Board; 327IAC l5-13-I5; filed Jul 7, 2003, 2:15 p.m.: 26 IR 3590; errata filed Sep 8, 2003, 3:15 p.m.: 27IR 191) 327IAC 15-13-16 Storm water quality management plan postconstruction storm water run-off control MCM • Authority: IC 13-14-8; IC 13-] 5-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2 . Affected: IC 13-18-4 Sec. 16. (a) An MS4 operntor shall develop an SWQMP [hat includes a commitment to develop, implement, manage, and enforce a program to address discharges of postcons[ruction storm water run-off from new development and redevelopment areas that disturb one (I) or more acres of land.or disturbances of less than one (() acre of land that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) or more acres of land within the MS4 area. (b) Through the use of an ordinance or other regulatory means, an MS4 operator shall implement planning procedures to promote improved water quality. These planning procedures must include, at a minimum, [he postconstruction requirements of 327 IAC 15-5-6.5(a)(8). Where appropriate, and to the extent of the MS4 operator's authority, the procedures may also include the following: - (1)Buffer strip and riparian zone preservation. (2) Filter strip creation. (3) Minimization of land disturbance and surface imperviousness. (4) Minimization of directly connected impervious areas. (5) Maximization of open space. (6) Directing the community's physical growth away from sensitive areas and toward areas that can support it without compromising water quality. A certification form that combines the completed requirements ofthis subsection and subsection (e) shall be completed and submitted to the department once the ordinance or other regulatory means has been developed and a program has been implemented or seven hundred thirty (730) days from the date the initial NOI letter submittal was received by the department, whichever is earlier. In subsequent permit terms, the certification form does not need to be completed and submitted. A[ a minimum, every five (5) years the program shall be reviewed for adequacy and accuracy and updated as necessary. (c) Where appropriate, an MS4 operator shall use any combination of storage, infiltration, filtering, or vegetative practices to reduce the impact ofpollutants in storm water run-off on receiving waters. In addition to [he combination ofpractices, the following requirements shall be utilized: Indiana Administrative Code Page 86 ~. ~~ NPDES GENERAL PERMIT RULE PROGRAM (1) Infiltration practices will not be allowed in wellhead protection azeas. (2) Discharges from an MS4 area will not be allowed directly into sinkholes or fractured bedrock without treatment that results in the discharge meeting Indiana ground water quality standards as referenced in 327 IAC 2-1 I. (3) Any storm water practice that is a Class V injection well must ensure that the discharge from such practices meets Indiana ground water quality standards as referenced in 327 IAC 2-I 1. (4) As site conditions allow, the rate at which water flows through the MS4 conveyances shall be regulated to reduce outfall scouring and stream bank erosion. (5) As site conditions allow, a vegetated filter strip of appropriate width shall be maintained along unvegetated swales and ditches. (6) New retail gasoline outlets, new municipal, state, federal, or institutional refueling areas, or outlets and refueling areas that replace their existing tank systems shall be required by MS4 ordinance or other regulatory means to design and install appropriate practices [o reduce lead, copper, zinc, and polyaromatic hydrocarbons in storm water run-off. (d) MS4 area personnel responsible for plan review, inspection, and enforcement of postconstruction BMPs shall receive, at a minimum, annual training addressing such topics as appropriate control measures, inspection protocol, and enforcement procedures. (e) An MS4 operator shall develop and implement a written operational and maintenance plan for all storm water structural BMPs. A certification form that combines the completed requirements of[his subsection and subsection (b) shall be completed and submiried to the department once the plan has been developed and implemented or seven hundred thirty (730) days from the date the initial NOI letter submittal was received by the department, whichever is earlier. In subsequent permit terms, the certification form does not need to be completed and submitted. At a minimum, every five (5) years the program shall be reviewed for adequacy and accuracy and updated as necessary. (f) An MS4 operator shall develop measurable goals for this measure. To comply with this measure, specific reduction percentages and timetables must be identified. At a minimum, goals must address relevant regulatory mechanism implementation, planning and structural BMP strategies, new impervious surface reduction, and discharge quality improvement. (Water Pollution Control Board; 327 IAC I S-13-16; fried Jul 7, 2003, 2: !5 p. m.: 261R 3591; errata fried Sep 8, 2003, 3:15 p. m.: 27IR 191) ~~ 327 IAC 15-13-17 Storm water quality management plan municipal operations pollution prevention and good housekeeping MCM Authority: IC 13-14-8; IC 13-15-1-2; [C 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 17. (a) An MS4 operator shall develop an S WQMP that includes a commitment to develop and implement a program [o prevent or reduce pollutant run-off from municipal operations within the MS4 area (b) To the extent oftheir authority, an MS4 operator shall develop and implement a program to ensure that existing municipal, state, or federal operations are performed in ways that will reduce contam ination of storm water discharges. A certification form must be completed and submitted to the department once the program has been developed and implemented or three hundred sixty-five (365) days from the date the initial NO[ letter submittal was received by the department, whichever is earlier. In subsequent permit terms, the certification form does no[ need to be completed and submitted. A[ a minimum, every five (5) years the program shall be reviewed for adequacy and accuracy and updated as necessary. This program must include the following: (1) Written documentation of maintenance activities, maintenance schedules, and long term inspection procedures for BMPs to reduce floa[ables and other pollutants discharged from the separate storm sewers. Maintenance activities shall include, as appropriate, the following: (A) Periodic litter pick up as defined in the MS4 area SWQMP. (B) Periodic BMP structure cleaning as defined in the MS4 area SWQMP. (C) Periodic pavement sweeping as defined in the MS4 area SWQMP. (D) Roadside shoulder and ditch stabilization. (E) Planting and proper care of roadside vegetation. (F) Remedia[ion of outfall scouring conditions. (2) Controls for reducing or eliminating the discharge of pollutants from operational areas, including roads, parking lots, maintenance and storage yards, and waste transfer stations. Appropriate conVOls shall include the following: (A) Covering or otherwise reducing [he potential for polluted storm water run-off from deicing salt or sand storage piles. (B) Establishing designated snow disposal areas that have minimal potential for pollutant run-off impact on MS4 area S Indiana Administrative Code Page 87 ~, NPDES GENERAL PERMIT RULE PROGRAM - receiving waters. (C) Providing facilities for containment of any accidental losses of concentrated solutions, acids, alkalies, salts, oils, or other polluting materials. (D) Standard operating procedures for spill prevention and clean-up during fueling operations. (E) BMPs for vehicular maintenance areas. (F) Prohibition of equipment or vehicle wash waters and concrete or asphalt hydrodemolition waste waters into storm water run-off except under the allowance of an appropriate NPDES wastewater permit. (G) Minimization of pesticide and fertilizer use. Pesticides shall be used, applied, handled, stored, mixed, loaded, transported, and disposed of via office of the Indiana state chemist's guidance requirements. (H) Proper disposal of animal waste. If applicable, it is recommended that canine parks be sited at least one hundred fifty (I50) feet away from a surface waterbody. (3) Written procedures for the proper disposal of waste or materials removed from separate storm sewer systems and operational areas. All materials removed from separate storm sewer systems and operational areas, including dredge spoil, accumulated sediments, floatables, and debris, must be: (A) reused or recycled; or (B) disposed of in accordance with applicable solid waste disposal regulations. (4) Written documentation that new flood management projects are assessed for their impacts on water quality and existing flood management projects are examined for incorporntion of additional water quality protection devices or practices. (5) Written documentation that appropriate MS4 entity employees have been properly trained, with periodic refresher sessions, on topics such as proper disposal of hazardous wastes, vegetative waste handling, fertilizer and pesticide application, and the function of implemented BMPs. (c) An MS4 operntor shall develop measurnble goals for this MCM. To comply with [his measure, specific reduction percentages and timetables must be identified. As applicable or, if not applicable, then appropriately justified, goals must address relevant catch basin cleaning and street sweeping procedures, employee trnining, recycling program implementation, pesticide, fertilizer and sand or salt usage reductions, floa[ables reduction, and maintenance schedule for BMPs. (d) In combined sewer system municipalities designated under [his rule, the current CSOOP and LTCP will need to be reviewed, and any necessary language changes to ensure consistency with the S WQMP must be included in the plans to ensure that [his MCM requirement is met. (Water Pollution Control Board; 317 /AC /5-13-/7; fled Jul 7, 2003, 2:15 p. m.: 167R 3592) 327 IAC 15-13-18 Reporting requirements Authority: [C 13-14-8; IC 13-15-.1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-I8-3-2 Affected: IC 13-18-4 Sec. 18. (a) An MS4 operator regulated under this rule shall submit an annual report to the department with the following information: (1) Progress towards development, implementation, and enforcement ofall MCMs, including updated programmatic indicator data (2) Summary of complaints received and follow-up investigation results related to storm water quality issues. (3) Updated measurable goats. (4) Storm water BMPs installed or initiated. (5) Follow-up or additional water quality characterization. (6) Updated active industrial facilities list. (7) Implementation problems encountered, including BMP changes due to ineffectiveness or infeasibility. (8) Funding sources and expenditures. (9) Changes to MS4 area boundaries, including land areas added [o the MS4 area via annexation or other similar means. (10) Identified storm water quality improvement projects. (l l) Updated receiving water infotmation. The initial annual report shall be postmazked no later than three hundred sixty-five (365) days from the date the SWQMP-Part C: Program Implementation submittal was received by the department. Subsequent report submittals during the first five (5) yeaz permit term shall be provided no later that three hundred sixty-five (365) day s from the previous report in years three (3), four (4), and five (5). In subsequent permit terms, reports must be submitted in years two (2) and four (4). Indiana Administrntive Code Page 88 ~• -- NPDES GENERAL PERMIT RULE PROGRAM (b) An MS4 operator shall submit a monthly construction site project summary to the department containing a listing of all project names associated with section 15 of this rule, the project address, project duration, and an indication of enforcement actions undertaken. If no projects occur within a given month, a report does no[ need to be submitted. Reports must be postmarked no later than the last day of the following month. The commissioner may develop criteria for an alternative acceptable timetable for submission of this summary. (c) The summary required under subsection (b) must address those projects for which there has been: (1) an NOI letter submittal, or its equivalent, to the MS4 entity; or (2) a Notice of Terminazion letter, or its equivalent, processed by [he MS4 entity. (d) An MS4 operator shall certify by signature on the annual report form that information provided is true and accurate. (Water Pollution Control Board; 327IAC /5-13-18; filed Ju[ 7, 2003, 2: I S p.m.: 267R 3593; errata filed Sep 8, 2003, 3: !5 p. m.: 271R 19/) 327IAC IS13-19 Permit duration - Authority: IC 13-14-8; IC 13-]5-1-2; IC 13-IS-2-1; 1C 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 - Sec. l9. (a) The permits under this rule are valid for five (5) years from [he date [he initial NOI letter was received by the department. Renewal application for the permit is required at least sixty (60) days prior to [he expiration date. Coverage under renewal NOI letters will begin on the date of expiration from the previous five (5) year permit term. (b) If MS4 entity conditions change within an MS4 area, written notification of the changes must be submitted to the commissioner. (c) For a complete renewal application [o be sufficient, a new NOI letter and SWQMP-Part A: Initial Application must be submitted in accordance with sections 6 and 9 of this rule. (d) Permits may be reissued on awatershed basis to take into account surface water quality monitoring strategies and sampling ~' ~ data analyses for individual drainage areas. ~\• (e) Subsequent permits will requ've the MS4 operator to maintain and, where possible, improve their performance in implementing the six (6) MCMs. (Water Pollution Control Board; 327IAC IS-13-19; filed Jul 7, 2003, 2:1 S p.m.: 26lR 3594) 327IAC 15-13-20 Permit termination Authority: IC 13-14-8; IC 13-15-1-Z; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 20. (a) An MS4 entity may request the department [o terminate permit coverage under this rule if: (I) based on physical changes in the MS4 area, the permit is no longer needed; (2) based on a lack of cooperation between MS4 entities, a new general permit NOI letter is needed; or (3) based on documented reductions in population, population density, occupancy, or enrollment that result in numbers below minimum designation criteria and a request based on [his subdivision will only be considered once a permit under this rule has expired. (b) The department may terminate permit coverage under this rule and require an MS4 entity to apply for an individual permit if one (I) of the six (6) cases referenced in 327 TAC 15-2-9(b) is applicable. (Water Pollution Control Board; 327IAC l5-13-20; filed Ju! 7, 2003, 2: I S p. m.: 267R 3594) 327IAC 15-13-21 Standard conditions Authority: IC 13-14-8; IC 13-15-]-2; IC 13-IS-2-l; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-14-10; IC 13-]8-4; IC 13-30 Sec. 21. The standard conditions for the NPDES general permit rule under 327IAC IS-4 shall apply to this rule. (IVoter Pollution Control Board; 327 /AC 15-13-21; filed Ju! 7, 2003, 2:15 p. m.: 267R 3594; errata filed Sep 8, 2003, 3:15 p.m.: 277R /91) 327IAC 15-13-22 Inspection and euforcement Authority: IC 13-14-8; IC 13-15-1-2; IC l3-IS-2-l; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-14-70; IC 13-18-4; IC 13-30 ~i Indiana Administrative Code ~ Page 89 ~; NPDES GENERAL PERMIT RULE PROGRAM ~ - Sec. 22. (a) The commissioner may inspect an MS4 entity regulated under this rule at any time. Any documentation required in sections 6 through 20 ofthis rule or related to implementation of this rule must be available a[ the physical address~corzesponding to the MS4 operator or the primary contact individual for review by the commissioner during normal business hours. (b) At a minimum, records shall be established and maintained a[ the address referenced in subsection (a) for the five (5) years of the permit term. The five (5) year period will be extended: (1) automatically during the course of any unresolved litigation regarding the discharge of pollutants by the MS4 operator, or other MS4 entity regulated by the MS4 area permit, or regarding promulgated effluent guidelines applicable to the MS4 area; or (2) as requested by the regional administrator of the United States Environmental Protection Agency or the commissioner. (c) The commissioner may request data to facilitate the identificazion or quantification of pollutants that may be released to [he environment from an MS4 conveyance or to determine effectiveness of [he MCMs. (d) The commissioner, or an authorized representative, upon providing appropriate credentials, may inspect an MS4 entity regulated under this rule at.any time. As it pertains to sections 15 and 16 of this rule, the department of natural resources, division of soil conservation staff, or their designated representative, upon providing appropriate credentials, may inspect an MS4 entity regulated under this rule at any time. Record keeping and reporting requirements for sections I S and 16 of [his rule shall conform [0 327IAC 15-5. ' (e) All persons or MS4 entities responsible for the MS4 conveyances shall be responsible for complying with the S WQMP -for the MS4 area and the provisions ofthis ru]e. Any person or MS4 entity causing or contributing to a violation of any provisions ofthis ru]e shall be subject to IC 13-30 and IC 13-14-10. (f) All projects within a regulated MS4 area meeting the applicabiliTy requirements of 327 IAC 15-5 are subject to inspection and enforcement by the department or their designated representative forviolations associated with 327IAC 15-5. (Water Pollution Control Board; 327lAC IS-/3-22; filed Jul 7, 2003, 2:15 p.m.: 261R 3594) Rule 14. On-Site Residential Sewage Discharging Disposal Systems within the Allen County On-Site Waste Management District 327 IAC 15-14-1 Purpose - - Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 1. The purpose of this rule is [o establish requirements for point source discharges of treated sewage from on-site residential sewage discharging disposal systems within the Allen County on-site waste management district so that the public health, existing water uses, and aquatic biota are protected. (Water Pollution Control Board; 327IAC IS-14-1; filed Dec 18, 2003, 10.'39 a.m.: 277R 1563) 327 IAC 15-14-2 Applicability Authority: IC 13-14-8; IC I3-]5-I-2; [C 13-15-2-I; IC 13-18-3-I; IC 13-18-3-2 Affected: IC 13-18-4; IC 13-18-12-9 Sec. 2. This rule applies to on-site residential sewage discharging disposal systems located within the Allen County on-site waste management district that have been installed to repair or replace a sewage disposal system that fails [o meet public health and environmental standards and for which an operating permit has been issued pursuant to IC 13-18-12.9. Such systems shall discharge one thousand (1,000) gallons or less per day of[reated sanitary wastewater. (Water Pollution Control Board; 327IAC I5-14-2; filed Dec 18, 2003, 10:39 a. m.: Z7IR 1563) 327 IAC 15-14-3 Definitions Authority: IC 13-14-8; IC 13-IS-1-2; IC 13-15-2-1; IC 13-18-3-I; IC 13-t8-3-2 Affected: IC 13-I t-2; IC 13-18.4; IC 36-11 Sec. 3. In addition to the definitions contained in IC 13-11-2, 327IAC 5, and 327IAC 15-1-2, the following definitions apply throughout this rule: Indiana Administrative Code Page 90 ~. c ~~~ ~~ - NPDES GENERAL PERMIT RULE PROGRAM (1) "CBODS" means Five (5}day Carbonaceous Biochemical Oxygen Demand. (Z) "Commissioner" means the commissioner of the department of environmental management. (3) "Department" means the department of environmental management. (4) "District" means the Allen County on-site waste management district established under IC 36-11. (5) "E. coli" means Escherichia coli bacteria. (6) "Notice of intent letter" or "NOI" means a written notification indicating a person's intention to comply with the terms of a specified general permit rule in lieu of applying for an individual National Pollutant Discharge Elimination System (NPDES) permit and includes information as required by 327 IAC I S-3 and the general permit rules. (7) "On-site residential sewage discharging disposal system" means a sewage disposal system that: (A) is located on a site with and serves a one (1) or two (2) family residence; and (B) dischazges effluent off-site. (8) "Permittee" means, for purposes of this rule, the owner of an on-site residential sewage discharging disposal system and the district in subdivision (4). (9) "Sewage disposal system" means septic tanks, wastewater holding tanks, seepage pits, cesspools, privies, composting toilets, interceptors or grease traps, portable sanitary units, and other equipment, facilities, or devices used to: (A) store; (B) treat; (C) make inoffensive; or (D) dispose of; human excrement or liquid carrying wastes of a domestic nature. (10) "TSS" means total suspended solids. (Water Pollution Control Board; 327 /AC I5-14-3; filed Dec I8, 2003, 10: 39 a.m.: 27181564; erratafiled Sep 2, 2004, 11:05 a. m.: 28 !R 214) ~~• 327 IAC 15-14-4 NOI letter requirements ~'• Authority: IC I3-14-8; IC 13-IS-1-2;IC I3-15-2-1; IC 13-18-3-I; IC 13-18-3-2 Affected: IC 13-18-4; IC 13-18-12-9; IC 13-18-20-12 Sec. 4. (a) Except as provided in subsection (f J, the owner of property upon which an on-site residential sewage discharging disposal system subject to this rule is located shall submit to the district a request for inclusion into the district and coverage under [his rule. The request shall include [he following: (1) Name and address ofthe owner and location ofthe property for which the request is submitted, if different than the mailing address. (2) A copy of the operating permit issued by the local health department with jurisdiction over the system as provided in section 7 of this rule, pursuant to IC 13-18-t2-9(d). (3) A statement that the person named under subdivision (I) wishes to be covered by this rule. (4) Signature of the person named under subdivision (1). (b) If an on-site residential sewage discharging disposal system serves more than one (1) home, each homeowner served by the system shall submit the information required in subsection (a). (c) If there is a change of ownership of the property upon which an on-site residential sewage discharging disposal system is located, the following must be accomplished in accordance with any applicable district requirements: (I) The seller of the property shall submit: (A) a notice [o [he district reporting the change in property ownership; and (B) a written statement to the buyer of the property explaining the obligations, including the requirements of this rule, of owning an on-site residential sewage discharging disposal system. (2) The buyer of the property shall submit to the district a statement requesting to remain subject to coverage under this rule. (d) The district shall submit a NOI letter to the following address: Indiana Department of Environmental Management Office of Water Quality 100 North Senate Avenue, Room N1255 Indianapolis, Indiana 46204 • Indiana Administrative Code Page 91 ~, NPDES GENERAL PERMIT RULE PROGRAM Attention: Permits Section (e) The NOI letter shall include the following: (1) Names and mailing addresses of all persons requesting inclusion in the district. (2) Map indicating [he following: (A) The location ofeach on-site residential sewage discharging disposal system within the district. (B) The location of any pond or lake within two (2) miles downstream of any on-site residential sewage discharging disposal system within the district. (3) Names of the receiving sveams into which the on-site residential sewage discharging disposal systems will discharge. (4) A statement [hat the district and the persons listed under this subsection intend ro be covered-by this rule. (5) The application fee required under IC 13-18-20-12. (f) For an on-site residential sewage discharging disposal system installed at a residence [hat was constructed after July I , 2002, because of failure of the original on-site non-discharging sewage disposal system, the following additional requirements apply: (1) The owner ofthe system shall submit all information required under this section to both the district and IDEM, including a copy of [he operating permit issued by the local health department, prior to discharge from the system. (2) The owner shall also submit to IDEM a system failure report, on a form provided by [he department, that summarizes: (A) the known reasons for failure of the system; and (B) other technologies for repair or options for managing the on-site waste that were considered by the local health department prior ro issuing an operating permit. (3) The owner may no[ discharge from the system until receiving approval from the department. If the department does not approve the operation within fifteen (15) days of receipt of the NOI information, the system is approved for purposes of this rule. (g) The NOI lettermust be signed by [he head ofthe governing body of the district. (Water Pollution ConholBoard; 3277AC IS-14-4; filed Dec 78, 2003, /0:39 a. m.: 171R 1564; errata filed Feb 6, 2006, 11:15 a.m.: 297R 1939) 327 IAC 1514-5 Deadline for submission of a NOI letter and update requirements • ~' Authority: [C 13-14-8; IC 13-IS-1-2; IC I3-15-2-t; IC 13-18-3-1; IC I3-18-3-2 _ Affected: IC 13-18-4 Sec. 5. (a) Any person requesting inclusion in [he district and coverage under [his rule shall submit [he request for inclusion to the district within thirty (30) days of receipt of the operating permit issued by the local health department. FIowever, a person described in section 4(f) of this rule shall submit the NOI information required under section 4 of [his rule to [he district and IDEM at least fifteen (IS) days prior [o discharging. (b) The district shall submit the NOI letter to the department within ninety (90) days of the effective date of this rule. (c) The district shall provide written updates to the department every three (3) months after submission of the initial NOI letter. The updates shall include [he following: (1) Updated list of names and mailing addresses of district members, including the following: (A) Additional persons included in the district and requesting coverage under this rule since the last update. (B) Changes in ownership of any systems, including the names of the new and former owners. (2) Updated map containing the most recent information required under section 4(e)(2) of [his rule. (d) The update required by subsection (c) must be signed by the head of the governing body of the district. (Water Pollution Control Board; 327 /AC lS-14-S; ftled Dec 18, 2003, 10:39 a.m.: 277R 1565) 327 !AC 15-14-6 General permit rule boundary Authority: [C 13-14-8; IC 13-15-1-2; IC 13-IS-2-l; IC 13-18-3-1; IC 13-18-3-2 Affected: IC l3-IS-4 Sec. 6.On-site residential sewage discharging disposal systems 1 ocated within the boundaries ofthe Allen County on-site waste management district are regulated under this rule. (Water Pollution Contro[Board; 327IAC 15-14-ri; filed Dec 18, 2003, 10:39 a.m.: 27IR 1565) Indiana Administrative Code Page 92 F"> NPDES GENERAL PERMIT RULE PROGRAM 327 IAC 15-14-7 General requirements Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4; [C 13-18-12-9 Sec. Z (a) The point source dischazge of treated sewage from an on-site residential sewage discharging disposal system is prohibited unless: (1) the local health department with jurisdiction over the system has issued an operating permit for the system as provided under IC 13-18-12-9(d); and (2) all applicable requirements of this article and 327 IAC 5 have been me[. (b) Coverage commences under this rule according to [he following: (I) Upon receipt by the department of the initial NOI letter for discharges from an on-site residential sewage discharging disposal system included in the NOI letter. -(2) Upon receipt by the district of the request for inclusion and coverage under section 4 of this rule for owners of an on-site residential sewage discharging disposal system installed after the district sends the initial NOI letter to the department. (3) For a person described in section 4(f) of this rule, coverage commences upon approval by the department or fifteen (l5) days after the department receives all information required under section 4 of this rule. (Water Pollution Control Board,' 3277AC IS-14-7; filed Dec I8, 2003, 10:39 a.m.: 277R 1565) 327 IAC 15-14-8 Discharge limits and monitoring and reporting requirements Authority: IC 13-14-8; IC 13-15-1-2; IC 13-IS-2-1; IC 13-18-3-1; IC 13-18-3-2 Affected: IC 13-18-4 Sec. 8. (a) The permittee must meet [he discharge and monitoring requirements listed in Table 1 and [his section as follows: The discharge shall be lim Table 1 ited and monitored by the permittee as specified as follows: Daily Dai]y Monitoring Sample Parameter Maximum Minimum Units Fre uen T e Effluent flow - - GPD I X Monthly 24-Hr. Total [1 ] Temperature Report Report °C 2 X Annually Grab CBODs 15 - mg/1 2 X Annually Grab TSS 18 - mg/I 2 X Annually Grab Ammonia-nitrogen 2 - mg/t 2 X Annually Grab pH 9.0 6.0 s.u. 2 X Annually Grab Dissolved Oxygen [2] 2 X Annually Grab Winter [3] - 5.0 mg/I Summer [4] - [5] mg(t E, coli 235 - colonies/100m1 1 X Quarterly Grab Total residual chlorine [6] Final <0.06 - mg/1 1 X Quarterly Grab [l] Flows maybe estimated. [2] Dissolved oxygen must be monitored once during the winter monitoring period, and once during the summer monitoring period. [3] Winter limitations apply from Decembec 1 through April 30 of each year. [4] Summer limitations apply from May 1 through November 30 of each year. [5] During the summer monitoring period, the dissolved oxygen concentration shall not be less than fifty percent (50%) of saturation as determined by Table 2 as follows: Table 2 No one (1) sample shall be less than 4.0 mg/I. Temp. °C 18.0 185 19.0 19.5 20.0 20.5 21.0 21.5 22.0 22.5 23.0 23.5 24.0 24.5 25.0 25.5 26.0 Indiana Administrative Code ~1 NPDES GENERAL PERMIT RULE PROGRAM D.O. mg/I 4.703 4.654 4.606 4.559 4.513 4.467 4.422 4.378 4.335 4.293 4.251 4.210 4.169 4.129 4.090 4.051 4.012 [6] Ifchlorine is used as a disinfectant, the residual priorto dechlorination shall be maintained at a minimum of 0.5 mgQ at all times. Dechlorination is required such that the concentration of residual chlorine does not exceed the limit of quantification of 0.06 mg/I. (b) Samples and measwements required by this rule shall: { I) be representative of the volume and natwe of the monitored discharge flow; (2) be taken at times that reflect the full range of effluent parameters normally expected to be present; (3) be taken at times that represent seasonal variability unless otherwise approved by [he commissioner; (4) not be taken a[ times or in a manner to avoid showing elevated levels of any parameter; and (5) be analyzed by a laboratory using approved methods. (c) The owner of an on-site residential sewage discharging disposal system shall visually inspect the system at least one (1) time each month and complete a visual inspection form provided by the department. Completed visual inspection forms shall be maintained by the owner ofthe system and made available for inspection by the district or IDEM. If the person inspecting the system discovers any problem in the operation or maintenance of [he system, [he person shall contact the district immediately. (d) Except as provided in subsection (h), [he analytical results ofmonitoring required by this rule shall be reported as follows: (t) The homeowner shall submit to the district the required analytical results on or before thetwenty-eighth day of the month following the month in which the samples were collected. (2) The district shall submit to the department on a semiannual basis the sampling results for all of the on-site residential sewage discharging disposal systems that aze regulated under this rule. (3) Monitoring results shall be submitted to the department on forms provided by the department. (e) The discharge from the on-site residential sewage dischazging disposal system shall not cause receiving waters, including the mixing zone, to contain substances (for example, foam), materials, floating debris, oil, scum, or other pollutants that: (1) will settle to form putrescent or otherwise objectionable deposits; (2) are in amounts sufficient to be unsightly or deleterious; (3) produce color, visible oil sheen, odor, or other conditions in such degree as to create a nuisance; (4) are in amounts sufficient [o be acutely toxic to or otherwise severely injure or kill aquatic life, other animals, plants, or humans; or . (5) aze in concentrations or combinations that will cause or contribute to the growth of aquatic plants or algae to such a degree as to create a nuisance, be unsightly, or otherwise impair the designated uses. (f) The discharge from the on-site residential sewage dischazging disposal system shall not cause receiving waters outside the mixing zone to contain substances in concentrations that on the basis of available scientific data aze believed to be sufficient to injure, be chronically toxic to, or be carcinogenic, mutagenic, or teratogenic to humans, animals, aquatic life, or plants. (g) The pennittee shall take all reasonable steps to minimize any adverse impact [o waters of the state resulting from noncompliance with any eftluen[ limitations specified in this permit. The commissioner may require accelerated or additional monitoring as necessary [o deternine the nature and impact of the noncomplying discharge. (h) Ifthe results of any compliance monitoring show an exceedance ofan effluent limitation under this section, a confirmation test must be conducted for each exceeded limitation no later than thirty (30) days from the date [hat the original sample was taken. Results of [he confirmation sampling must be submitted to the district as soon as received but in no case later than seven (7) days after receipt of the sampling results. A confirmation test must be conducted every thirty (30) days until the effluent limitation is met. (i) Iftwo (2) consecutive sampling results, including the confirmation samples required under subsection (h), exceed an effluent limitation, the district must submit a corrective action plan to the department within thirty (30) days of receipt of results of the second sample. The plan shall include information on corrective action taken to ensure compliance with each exceeded limitation and aplan to ensure future compliance with [he limitation. (Water Pollution Control Board; 327IAC 15-14-8; filed Dec 18, 2003. 10:39 a.m.: 277R 1565) 327IAC 15-14-9 Standard conditions Authority: [C-13-14-8; IC l3-IS-I-2; IC 13-15-2-1; IC 13-18-3-1; IC I3-18-3-2 Affected: IC 13-IS-4 Sec. 9. (a) [n addition to the conditions set forth in this rule, the standard conditions for aNPDES permit under 327IAC 5 and the standard conditions for a NPDES general permit under this article apply to [his rule. (b) The district shall maintain the following records within the district office and make [hem available for inspection pwsuan[ Indiana Administrntive Code Page 94 NPDES GENERAL PERMIT RULE PROGRAM to section 10 of this mle: (I) Monitoring reports required under section 8 of this rule for each system within the district. (2) A copy of the operating permit issued by the local health department for each system within the district. (3) Signed requests for inclusion in the district and coverage under this rule for each system within the district. (Water Pollution Control Board; 327 /AC IS-14-9; filed Dec 18, 1003, 10:39 a.m.: 277R 1567) 327IAC 15-14-10 Inspection and enforcement Authority: IC 13-14-8; IC 13-15-I-2; [C 13-15-2-1; IC 13-18-3-1; IC 13-IS-3-2 Affected: IC 13-14-]0; IC 13-15-7; IC 13-18-3; IC 13-IS-4; IC 13-30; IC 36-11-2-I; IC 36-11-5 Sec. ]0. (a) The owner of an on-site residential sewage discharging disposal system shall allow the commissioner or an authorized representative, upon presentation of credentials, to enter upon the premises where an on-site residential sewage dischazging disposal system is located to determine compliance with this rule and state water quality standards. (b) The district shall allow the commissioner or an authorized representative, upon presentation of credentials, to enter the district office and have access to and copy any records that must be kept under [he conditions of this rule, in accordance with 327 IAC IS-4-1(1). (c) The conditions of this rule are subject to enforcement pursuant to 327 IAC 15-4-] and IC 13-30. (IVater Pollution Control Board; 3771AC IS-14-10; filed Dec 18, 2003, 10:39 a. m.: 277R 1567) 327 IAC 15-14-11 Duration and renewal of coverage Authority: IC 13-14-8; IC 13-15-1-2; IC 13-IS-2-1; IC 13-18-3-1; IC 13-18-3.2 Affected: IC 13-18-4 Sec. 11. (a) Coverage under this mle is granted by the commissioner for a period of five (5) years from the date coverage commences according [o section 7(b) of this mle. (b) To obtain renewal ofcoverage underthis general permit rule, the district shall submit the information required under section 4 of this rule to the commissioner no later than ninety (90) days prior to the expiration of coverage under this rule unless the commissioner determines that a later date is acceptable. (Water Pollution Control Board; 327IAC IS-19-11; filed Dec I8, 2003, 10:39 a. m.: 27IR 1567) Rule 15. Concentrated Animal Feeding Operations 327IAC 15-15-1 Purpose and effect Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-IS-2-I Affected: IC 13-13-10 Sec. L (a) The purpose of this rule is to establish an NPDES general permit for CAFOs. In addition to the requirements of this article for all general permits, this rule establishes the requirements for CAFOs in Indiana The requirements of this article applicable to all general permits, including the standard conditions in 327 IAC 15-4-1, and the requirements of this rule apply to all CAFOs authorized under [his general permit rule. (b) Compliance with all requirements ofapplicable general permit rules in this article may eliminate the need for an individual NPDES permit issued under 327IAC 5. A facility can operate under an individual NPDES permit and one (1) or more applicable general permit rules. (c) For discharges and potential discharges of manure, litter, process wastewater, and storm water associated with regulated activity, compliance with this article andgeneral permit rule constitutes compliance with Sections 301, 302, 306, 307, 318, 403, and 405(a) and (b) [405(6)] of the Clean Water Act and state law in reference to discharges and potential discharges of manure, litter, process wastewater, and storm water. (d) Compliance with this mle and all applicable requirements for anNPDES general permit under article 15 [this article) shall meet the nondegradarion requirements of 3271AC 2-1. (WaterPollutionControl Board; 327IAC l5-1 S-I; filed Feb 23, 2004,12:15 p. m.: 27IR 2230) Indiana Administrative Code Page 95 •,i NPDES GENERAL PERMIT RULE PROGRAM 327 IAC 15-15-2 Applicability and permit boundary Authority: IC 13-13-5-1; IC 13-15-1-2; IC ]3-15-2-1 Affected: IC 13-18-10; IC 13-30-3 Sec. 2. (a) This mle applies to all CAFOs or AFOs designated as CAFOs under 327 IAC 5-4-3(c) or 40 CFR 122.23(c), effective April 14, 2003, or AFOs electing to be subject to this rule, tocated within the boundaries ofthe state ofIndiana. All CAFO owners or operators must seek permit coverage under this rule or through an individual NPDES permit except as provided in subsection (~. - (b)Any owner or operator covered by this rule can request to be excluded from coverage under this general permit rule by applying for and obtaining an individual NPDES permit. (c) An owner or operator excluded from this general permit rule solely because the owner or operator has a valid existing individual NPDES permit may request coverage under this general permit rule and revocation of the existing individual NPDES - permitunder 327 IAC 15-2-3, unless the owner or operator is required to maintain an individual permit. (d) A CAFO that has a general permit under this mle is not required to obtain or renew the CFO approval under 327 IAC 16-7. (e) If the commissioner requires an operation to have an individual NPDES permit under 327 IAC 5-4-3, the commissioner shall notify the owner or operator in writing that an individual NPDES permit application is required. The notice shall include the following: (1) A brief statement of the reasons for this decision. (2) An application form. (3) A statement setting a date by which the person must file the application. (4) A statement that on the effective date of the individual NPDES permit, the general permit rule, as it applies to the particulaz owner or operator, shall no longer apply. The commissioner may grant additional time upon request of the applicant for completion of the application. (f) An owner or operator of a large CAFO does not need to seek permit covemge under this mle or 327 IAC 5-4-3 if the owner or operator has received a notification from the commissioner of a determination that the CAFO has no potential to discharge in accordance with 327 IAC 5-4-3.1. (K'arerPollution Control Boord, 327IAC I5-15-2; filed Feb 23, 2004, 12:15 p. m.: 277R 2231) 327 [AC 15-15-3 Definitions Authority: IC 13-13-5-1; IC 13-15-1-2; [C 13-15-2-1 Affected: IC 13-11-2; IC 13-18-10 Sec. 3. The definitions contained in IC 13-11-2, 327 IAC 5-1.5, and 327 IAC 5-4-3 apply throughout this rule. In addition to those definitions, the following definitions apply throughout this rule: (1) "Agricultural storm water discharge" means a precipitation related discharge from a land application area where the manure, litter, or process wastewater has been applied in accordance with this mle and site-specific nutrient management practices to ensure the agronomic utilization of the nutrients in the manure, litter, or process wastewater. (2) "Flood plain" means any area adjoining a river, stream, or lake that has been or may be covered by a one hundred (100) year flood. (3) "Individual NPDES permit" means a NPDES permit issued to one (I) facility that contains requirements specific to that facility. (4) "New source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after February 13, 2003. (5) "Notice of intent letter" or "NOI" means a written notification indicating a person's intention to comply with the terms of this general permit mle in lieu of applying for an individual NPDES permit. (6) "NRCS 590 standard" means the Indiana Natural Resources Conservation Service (MRCS) Nutrient Management Conservafion Practice Standard, Code 590, July 2001 *. (7) "One hundred (100) year, twenty-four (24) hour rainfall event" means atwenty-four (24) hour precipitation event with a probable recurrence interval of once in one hundred (t00) years, as defined by the National Weather Service Technicat Paper No. 40, "Rainfall Frequency Atlas of the United States", May 1961 *. (8) "Overflow" means the discharge of manure or process wastewater resulting from the filling of wastewater or manure - storage structures beyond the point at which no more manure, process wastewater, or storm water can be contained by the Indiana Administrative Code Page 96 ~~.- • NPDES GENERAL PERMIT RULE PROGRAM structure. (9) "Public water supply surface intake structure" means any structure used for the purpose of providing water through a public water supply system. (10) "Public water supply well" means any well that provides water to the public through a water distribution system that: (A) serves at least twenty-five (25) persons per day for: (i) drinking; (ii) domestic use; or (iii) other purposes; or (B) has at least fifteen (IS) service connections. (11) "Setback" means a specified distance from surface waters or potential conduits to surface waters where manure, litter, and process wastewater may no[ be land applied. Examples of conduits or potential conduits include, but are not limited to, the following: (A) Open the line intake structures_ (B) Sinkholes. (C) Agricultural well heads. (12) "Twenty-five (25) year, twenty-four (24) hour rainfall event"-means atwenty-four (24) hour precipitation"even[ with a probable recurrence interval of once in twenty-five (25) years, as defined by theNational Weather Service Technical Paper No. 40, "Rainfall Frequency Atlas of the United States", May 1961 •. (13) "Vegetated buffer" means a narrow, permanent strip of dense perennial vegetation established parallel to the contours of and perpendiculaz to the dominant slope of the field for the purpose of slowing water rnn-off, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the field and reaching surface waters. `This document is incorporated by reference. Copies are available for review and copying at the Indiana Department of Environmental Management, Office of Land Quality, Indiana Government Center-North, 100 North Senate Avenue, Room N 1154, Indianapolis, Indiana 46204. (Water Pollution Control Board, 3277AC I S-I S-3; filed Feb 23, 2004,12:1 S p.m.: 271R 2231; errata filed Feb 6, 2006, 11:15 a.m.: 29IR 1939) 327 IAC 15-15-4 Performance standards and effluent limitations Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1 Affected: IC 13-18-10 Sec. 4. (a) All waste management systems must be designed, constructed, and maintained to minimize leaks and seepage and prevent spills. Unless otherwise specified, all requirements under this section must bemet by the date of permit coverage. (b) Manure, litter, or process wastewater to be staged or applied to land in Indiana must be staged or applied in such a manner as: (1) not to enter or threaten to enter waters of the state; (2) to prevent: (A) run-off; (B) application on saturated ground; and (C) spills; and (3) to minimize nutrient leaching beyond the root zone. (c) Animals in any confinement area must not have direct access to waters of the state. (d) There shall be no discharge of process wastewater pollutants to waters of the state, except as described in subsection (e). Pumping, dumping, or allowing the leakage or drainage ofmanure, litter, or process wastewater from a manure transfer vehicle onto unauthorized premises, public thoroughfazes, or into waters of the state is also prohibited. (e) Whenever rainfall events cause an overflow of process wastewater from a facility designed, constructed, operated, and maintained to contain all process wastewater generated in addition to the run-offfrom a twenty-five (25) yeaz, twenty-four (24) hour rainfall event for the location of the point source, process wastewater pollutants in the overflow may be discharged into waters, provided that the production area is operated in accordance with the additional requirements of 40 CFR 412.37(a) and (b) (40 CFR 412.37(b)), effective April 14, 2003. (f) Any discharges by operations permitted under this rule are required to meet water quality standards under 327 IAC 5. (g) New source and existing dairy, heifer, horse, duck, veal, swine, poultry, cattle other than mature dairy cows, and sheep Indiana Administrative Code Page 97 ~: NPDES GENERAL PERMIT RULE PROGRAM ~ - CAFOs must meet the following requirements and effluent limitations for the CAFO production areas as of the date of permit coverage: (I) There must be no discharge of manure, litter, or process wastewater pollutants to waters of the state. (2) Install a depth mazker in al] open surface liquid impoundments that indicates the minimum capacity necessary to contain the nn-off and direct precipitation of the twenty-five (25) year, twenty-four (24) hour rainfall event, or two (2) feet of freeboard, whichever is greater. (3) Whenever rainfall events cause an overflow ofprocess wastewater from a structure designed, constructed, operated, and maintained to contain all process wastewater including the direct precipitation and run-offfrom atwenty-five (25) year, twenty-four (24) hour rainfall event for the location of the point source, process wastewater pollutants in the overflow may be discharged into waters, provided that the production area is operated in accordance with the requirements ofsubdivisions (2) and (4) through (8) of this subsection. (4) Conduct weekly visual inspections of all of the following: (A) Storm water diversion devices. (B) Runroffdiversion devices. (C) Devices channeling contaminated storm water to the process wastewater and manure storage structure. (D) Manure, litter, and process wastewater impoundments, noting the level m open surface liquid impoundments as indicated by the depth market (5) Conduct daily inspection of all water lines that may come in contact with or impact manure, titter, or process wastewater in and around the production area Such lines include drinking water lines for livestock. (6) Correct any deficiencies found in inspections as soon as possible. (7) Do not dispose of mortalities in a liquid manure or process wastewater system. Mortalities must be handled in such a way as to prevent the discharge of pollutants to surface water. (8) Maintain, within the operating record required under section 17 of this rule, for a period of five (5) years from the date of creation, a complete copy of the following records: (A) Records documenting self-inspections. (B) Weekly records of the depth of manure and process wastewater in the open surface liquid impoundment, as indicated by the depth marker. (C) Records of actions taken to correct deficiencies. Deficiencies not corrected within thirty (30) days ofdiscovery must be accompanied by an explanation of the factors preventing immediate correction. (D) Records of mortality management and practices. (E) Records documenting the current design of any manure, litter, or process wastewater storage structures, including volume for solids accumulation, design treatment volume, total design volume, and approximate number of days of storage capacity. (F) Records of the date, time, and estimated amount of any overflow. (h) For the land application areas of new source and existing dairy, veal, swine, poultry, cattle other than mature dairy cows, horse, sheep, duck, and heifer CAFOs, the following records must be maintained in the operating record for a period of five (5) years from the date of permit coverage: (1) Expected crop yields. (2) The date or dates manure, litter, or process wastewater is applied to each field. (3) Precipitation events at the time of application and fortwenty-four (24) hours prior to and following application. (4) Test methods used to sample and analyze manure, litter, process wastewater, and soil. (5) Results from manure, litter, process wastewater, and soil sampling. (6) Explanation of the basis for determining manure, litter, and process wastewater application rates. (7) Calculations showing the total nitrogen and phosphoms to be applied to each field, including sources other than manure, litter, or process wastewater. (8) Total amount of nitrogen and phosphorus actually applied to each field, includingdocumentation of calculations for the total amount applied. (9) The method used to apply the manure, litter, or process wastewater. (10) Date(s) ofmanure, litter, and process wastewater application equipment inspection. (11) USDA soil survey maps of currently available land application sites. (i) For new source veal, swine, and poultry CAFOs, the following requirements apply to the production areas of the CAFO Indiana Administrative Code Page 98 .~ ~: NPDES GENERAL PERMIT RULE PROGRAM as of the date of permit coverage: (I) There must be no discharge of manure, litter, or process wastewater pollutants into waters of the state, subject [o the requirements ofthis subsection. (2) W ante management and stornge facilities must be designed, constructed, operated and maintained to contain all manure, litter, and process wastewater and, if applicable, run-off and the direct precipitation from a one hundred (100) year, twenty- four (24) hour rainfall event (3) Production areas must be operated in accordance with the requvements of subsections (g)(4) through (g)(8) ofthis section (subsection (g)(4) through (g)(8)J. Additionally, sources must install a depth mazker in all open surface liquid impoundments that indicates the minimum capacity necessary to contain the run-off and direct precipitation of a one hundred (100) year, twenty-four (24) hour rainfall event, or two (2) feet of freeboard, whichever is greater. (Water Pollution Control Board; 327IAC I S-1 S-4; filed Feb 23, 2004, 12:15 p. m.: 27IR 2232) 327IAC ]5-15-5 Notice of intent requirements Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1 Affected: [C 13-18-10.2.3 Sec. 5. (a) The owner or operator of a CAFO seeking permit coverage under this rule shall submit a notice of intent (NOI), on a form provided bythe commissioner, to the Indiana Department of Environmental Management, Office of Land Quality, 100 North Senate Avenue, Room NI154, Indianapolis, IN 46204, Attention: Permits Section. NOIs must be submitted within the deadlines found at 327IAC 5-4-3(i). (b) The owner or operator must: (l) Include the following information in the NOI: (A) Name, telephone number, and mailing address of the owner and operator. (B) Name, Iceation, and address of the operation. Contact person and telephone number. • ~ (C) Type and number of animals at the operation. (D) Type of containment and storage and total capacity for manure, litter, and process wastewater storage (tons/gallons). (E) Total number of acres under control of the applicant available for land application. (F) Estimated amount of manure, litter, and process wastewater generated per year (tons/gallons). (G) Estimated amount of manure, litter, and process wastewater transferred to other persons per yeaz (tons gallons). (H) List of other environmental permits held and permit numbers, including the CFO farm ID number provided on state CFO approval under 327IAC 16. (I) A soil survey map of the operation, as required under section I7(c) of this rule, and land application areas, as required under section 4 of this rule. (.T) SIC code for the operation. (K) Name of waterbody receiving drainage from the production area. (L) Telephone number and title of person signing the NOI. (M) List all discharges to waters of the state during the five (5) years preceding [he submittal of the NOI. (N) For newly constmcting CAFOs, a list of names and addresses of all property owners adjacent to the production area property. (O) For CAFOs applying to use the land application setbacks for injection or single pass incorporation under section 12 ofthis rule, a demonstration, on forms provided by the deparnment, that the method of application will provide equivalent environmental protection as provided by the setbacks listed in Table I of section 12 ofthis mle. (P) For CAFOs applying [o use the land application setbacks for solid manure or litter surface applied and incorporated within twelve (]2) hours under section 12 ofthis rule, a demonstration, on forms provided by the departrnent, that the method of application will provide equivalent environmental protection as provided by the setbacks listed in Table 1 of section 12 (ofthis rule]. (Q) Other than Indiana, list all states wherein the owner or operator owns or operates a CAFO. and (2) Submit the application fee of fifty dollars ($50). (c) The NOI must be certified and be signed at accordance with 327IAC 15-4-3(g). (d) Following submittal of the NOI to the deparhment, the department shall do the following: • Indiana Administrntive Code - Page 99 a NPDES GENERAL PERMIT RULE PROGRAM (1) Review the NOI for completeness and applicability under this rule. (2) Consider any public comments on whether the operation should be required to obtain an individual permit. (3) Review past compliance and the enforcement history for [he site. (4) Review the NOI and the information provided under this section relative to section 9(a) of this rule. (5) If the department determines under section 9 of this rule that the facility should obtain an individual NPDES permit, the departrnent shall provide notice to the operation that an individual permit is required. (e) Compliance with the NOI submission requirements under this rule satisfies the requirements to submit a manure management plan under IC 13-18-10-2.3. The NOI must be complete and on forms provided by the commissioner. (fl An NPDES general permit under this rule may not be transfered. If ownership of a facility is transferred to a new owner, the new owner must submit an NOI under this section or apply for an individual NPDES permit under 327IAC 5-4-3. The new owner must submit the NOI at (east thirty (30) days prior to beginning operations at the facility. (g) Any change in the information submitted in the NOI should be reported as soon as practicable to the commissioner. Changes that aze reasonably expected to alterthe characteristics ofthe discharge from the operation regulated under a general permit rule must be reported prior to the change. Following such notice, the commissioner may request the person to submit an application for an individual NPDES permit. (h) When a permittee becomes aware that incomplete or incorrect information was submitted with the NOI or in any report to the commissioner, the permittee must submit the complete or correct information to the commissioner upon discovery of the omission or error. (Water Pollution Control Board; 327IAC I S-1 S-S; filed Feb 23, 2004, 12: /5 p. m.: 277R 2233; errata filed Feb 6, 2006, 11: I S a. m.: 29IR 1939) 327 IAC 15-156 Duration and renewal of coverage Authority: IC I3-13-5-1; [C 13-15-1-2; IC 13-15-2-I Affected: IC 13-IS-10 Sec. 6. (a) Coverage under this rule is granted by the commissioner for a period of five (5) years from the date coverage • commences. (b) For a CAFO with a valid CFO approval under 327 IAC 16 on the date of submittal of an NOI, coverage under this rule commences on the date that the department receives a complete and timely NOI from the applicant. The commissioner may deny coverage under this rule and require submittal of an application for an individual NPDES permit based on a review of the NOI information submitted under sections 5 and 9 of this rule. (c) In accordance with 327IAC 15-2-9(b), section 9(a) of this mle, and 40 CFR 122.28(b), effective April 14, 2003, any interested person may petition the commissioner to require an owner or operator of an operation subject to this rule to apply for and obtain an individual NPDES permit. If the commissioner does not respond to the petition th writing within nineTy (90) days of receipt, the petition is deemed denied. (d) For a CAFO seeking covemge under this rule prior to construction of the facility or modification of a CFO such that it becomes a CAFO, coverage commences on the date the department receives the construction NOI required under section 7 [ojthis rule]. (e) To obtain renewal of coverage under this general permit rule, the information required under section 5 of this rule shall be submitted to the department no later than one hundred eighty (180) days before the expiration of coverage under the permit. The permittee must submit an NOI to renew a general permit on forms provided by the department. The permittee need mot submit an NOI to remain covered under [his rule if: (I) the facility has ceased operation or is no longer a CAFO; and (2) the permittee has demonstrated to the commissioner that there is no remaining potential to discharge. A CAFO is requved to maintain permit coverage until these provisions are met. (f) If a CAFO is required to submit an application for an individual NPDES permit, the general permit terminates when: (1) the owner or operator fails to timely submit the permit application required under 327 IAC 5-4-3; or (2) the individual permit is issued or denied by the commissioner. (g) A construction NOI under section 7 of this rule meets the requirements for an NOI under section 5 of this rule and is in effect for five (5) years, provided the owner or opemtor meets the constmclion requirements of section 7 [of this rule]. The owner or operator is required to meet all requirements of this rule during the five (5) year term of the wnstmction NOI. (h) A CAFO that has obtained'coverage under this rule or obtained an individual NPDES permit under 327IAC 5-4-3 satisfies Indtana Admmtstrattve Code Page 100 ~-:-- ~~~ NPDES GENERAL PERMIT RULE PROGRAM the requirement to obtain an approval from the department under IC 13-18-10. (Water Pollution Control Board; 327IAC 1 S-I S-6; filed Feb 23, 2004, I Z: I S p. m.: Z7 IR 2234) 327IAC 15-15-7 Construction notice of intent and requirements Authority: IC 13-13-5-1; IC 13-IS-I-2; IC 13-15-2-1 Affected: IC 4-21.5; IC 13-18-10 Sec. Z (a) An owner or operator of: (1) a proposed CAFO; (2) an AFO or CFO that has an increase in the number of animals as a result of construction such that it becomes a CAFO; or (3) an existing CAFO modifies the operation to: (A) reduce manure storage capacity to less than the reported capacity in the most recent NOI submission; or (B) increase animal capacity greater than ten percent (l0%)ofthe reported capacity in the most recentNO1 submission; that seeks coverage under this rule, must submit an NOI that meets the requirements of section 5 of this rule. (b) The NOI must also contain all the information required under 327IAC 16-7-2 and the operation must comply with the design and construction requirements of 327 iAC 16-5 and 16-8 [327IAC 76-8J. (c) A CAFO subject to this section may not begin construction until the department provides written notification that the NOI contains all required information and is complete. An owner or operator must begin construction within two (2) years and complete construction within four (4) years ofthe written notification from the department that the NOI contains all required information and is complete, or the date any appeals related to construction of the operation brought under IC 4-21.5 have been completed, whichever is later. (d) To provide the department with the opportunity to inspect the system or structure, the owner or operator shall notify the department prior to commencement of construction on a new waste management system or structure. • (e) After completion of construction of a waste management system or structure, the owner or operator shall submit an affidavit to the commissioner certifying that the system or structure was constructed and will be operated in accordance with this rule. (f) An owner or operator that meets the requirements ofthis section satisfies the requirement to obtain a construction approval under 327 IAC 16. (IVater Pollution Control Board, 3277AC I S-1 S-7; filed Feb 23, 2004, I Z: I S p. m.: 277R 2235) 327IAC 15-15-8 Public notice Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-IS-2-1 Affected: IC 13-IS-10 Sec. 8. (a) An owner or operator that submits aN0[ to construct on land that is undeveloped or for which a valid existing CFO approval or NPDES permit has not been issued shall make a reasonable effort to provide notice to: (1) each person who owns.land that adjoins the land on which the confined feeding operation is to be located; or (2) all occupants ofthe land, if a person who owns land that adjoins the land on which [he confined feeding operation is to be located does not occupy the land; and (3) the county commissioners ofthe county N which [he confined feeding operation is to be located; not more than ten (10) working days after submitting the NOI. The notice must be sent by mail, be in writing, include the date on which the NOI was submitted to the departnent, and include a brief description of the subject of the NOI. The applicant shall pay the cost of complying with this section. The applicant shalt submit an affidavit to the departrnent that certifies thatthe applicant has complied with this section. (b) Upon notification by the department that an individual permit is required, the owner or operator shall comply with subsection (a) in regards to notice ofthe individual NPDES permit application. (c) Except as provided in subsection (e), for all: (1) first time submissions of NOIs; and (2) CAFOs that aze modified to increase manure storage capacity by twenty-five percent (25%) or more above the reported manure storage capacity in the most recent NOI submission, including operations subject to subsection (a); the department shall publish a notice in the newspaper with the lazgest circulation in the county after receiving an initial NOI. The Indiana Administrative Code Page 10t ~:; NPDES GENERAL PERMIT RULE PROG1tAM - - notice will request comments be submitted to the department on the eligibility of the owner or operator submitting the NOI for a general permit. (d) The department shall publish, once annually, a notce in the newspaper with the largest circulation in each county thaz contains CAFOs that have submitted NOIs to renew coverage under section 6 of this rule. The newspaper notice shall state the following: "The following facilities have been operating a Concentrated Animal Feeding Operation (CAFO) under coverage of a water quality National Permit Discharge Elimination System (NPDES) general permit for the preceding five years. The owners or operators have provided notice to the Indiana Department of Environmental Management (IDEM) oftheir intention to continue to operate under the NPDES general permit for the next five years. IDEM considers the owners or operators operating under the NPDES CAFO genernl permit rule to be eligible to continue to operate under the general permit rule. Please contact IDEM for information on the water quality permit requirements for a listed owner or operator or if you would like to provide information to IDEM relative to the eligibility of an owner or operator under the CAFO NPDES general permit rule. Under 327 IAC 15-15-6, a persdn may petition IDEM to require an owner or operator to apply for an individual NPDES permit, in accordance with the applicable rule.". (e) A newspaper notice under subsection (d) shall not be provided for a CAFO that provides certification to the department, on forms provided by the department, that persons listed under subsection (a)(1) and (2) [(a)(2}J have been notified of the submission of the NOI and the provisions of the [sic.J section ti(c) of this rule. The certification to the department must contain the list ofpersons notified and the means of notification. (WoterPollution Control Board; 3271AC I S-1 S-8; f+[ed Feb 23, 2004, 12:15 p. m.: 27 IR 2235) 3271AC IS-15-9 General conditions Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1 Affected: IC 13-I I-2-40.8; IC 13-IS-10 Sec. 9. (a) The commissioner may require any person, with a facility [hat has an existing discharge or the potential fora • discharge, and is subject to the requirements of this article, to apply for and obtain an individual NPDES permit if one (1) of the . following occurs: (1) The applicable requirements contained in this article are not adequate to ensure compliance with: (A) water quality standards under 327 IAC 2-1 or 327 [AC,2-L5; or (B) the provisions that implement water quality standards contained in 327 IAC 5. (2) The owner, operator, or facility is not in compliance with the terms and conditions of the general permit rule. (3) A change has occurred in the availability of demonstrated technology or practices for the control or abatement ofpollutants from the point source. (4) Effluent limitations guidelines that are more stringent than the requirements in the general permit rule are subsequently promulgated for point sources regulated by the general permit rote. (5) A water quality management plan containing more stringent requirements applicable to such point source is approved. (6) Circumstances have changed since the activity regulated under this article began so that the discharge is no longer appropriately controlled under the general permit mle, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary. (7) The owner or operator has commenced constmc[ioq as defined at IC 13-11-2-40.8, before receiving written confirmation from the department that the construction plan is consistent with the general permit. (8) The facility has an increased potential to discharge because of the proximity [o waters of the state and conditions exist at the site that may no[ prevent discharges [o waters ofthe state without the imposition of additional requirements not contained in this rule. (9) The owner or operator has knowingly or intentionally submitted false information to the department as part of the NOI or the false information is in the required operating records under this rule. (] 0) The owner or operator has failed to comply with a specific general permit requirement relating to protection of water quality on at least three (3) separate occasions within the preceding five (5) years and has been notified of the violations a[ least twice by the department. (I I) The facility has had a reportable spill pursuant to 327 IAC 2-6.1 to the waters of the state within the five (5) years prior to the NOI submittal. , Indiana Administrative Code Page 102 >: NPDES GENERAL PERMIT RULE PROGRAM (12) The land application areas of the operation are cioser than the setback distances allowed under section 12 of this rule. (b) Any person with a facility subject to this rule shall submit an annual report to the commissioner by Febmary fifteenth (15'") [sic., I SJ of each year for the previous calendar yeaz with the following information: (1) Number and type of animals, whether in open confinement or housed under roof. (2) Estimated amount of total manure, litter, and process wastewater generated by the CAFO iri the previous twelve (12) months. (3)Estimatedamountoftotalmanure,litter,andprocesswastewatertransferredtootherpersonsbytheCAFOintheprevious twelve (12) months. (4) Total number of acres available for land application. (5) Total number of acres used for land application of manure, litter, and process wastewater in the previous twelve (12) months. (6) Summary of all manure, litter, and process wastewater discharges from the production azea that have occurred in the previous twelve (12) months, including the date, time, and approximate volume for each discharge. (7) A report on the development and implementation of the soil conservation practice plan required under section 11 of this rule. (8) Information specified under 327IAC 15-4-2 and 15-4-3 [327IAC 15-4-3J for any instance of noncompliance. if a spill occurs, the spill must be reported to the deparunent within two (2) hours of discovery, in accordance with 327 IAC 2-6.1-7. (c) All reports and information required to be submitted under this rule shall be signed and certified in accordance with 327 IAC 15-4-3(g). (d) It shall not be a defense in an enforcement action that an owner or operator would have had to halt or reduce the permitted activity in order to maintain compliance with the requirements of this rule. (e) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. (f) The owner or operator shall comply with the requirements of 327IAC 5-2-14. .~ • (g) The owner or operator shall give notice to the commissioner as soon as possble of any planned physical alterations or ~~ additions to the permitted facility when the alterations or additions would cause the facility to become a new source under 40 CFR 122.29(b), effective April l4, 2003. (h) The owner or operator shall give notice to the commissioner of any planned change in the permitted facility or activity that may result in noncompliance with the requirements of this rule. (Water Pollution Control Board; 327IAC I S-1 S-p; fried Feb 23, 2004, 12:15 p. m.: 271R 2236) 327 IAC 15-15-10 Mauure, litter, and process wastewater storage and staging requirements Authority: IC 13-13-5-1; IC 13-IS-1-2; IC 13-15-2-1 Affected: IC 13-]8-10 Sec. 10. (a) All manure, litter, and process wastewater management systems must be properly maintained and operated to meet the conditions set forth under this general permit rule. - (b) Management of manure, litter, and process wastewater must be in compliance with the following: (I) This rule. (2) All applicable state and federal laws. (c) Manure, litter, and process wastewater must be in an approved storage structure until removed for land application. (d) Adequate storage shall be maintained to avoid land application when soil or weather conditions are unsuitable for land application or when land is occupied with crops and unavailable for land application. Land application when soil or weather conditions are unsuitable for land application is prohibited under this rule. '~ (e) Liquid manure storage structures that are open and process wastewater storage structures that aze open must be maintained with a minimum freeboard of two (2) feet and must have cleazly identified mazkers to indicate the following: (1) Manure and process wastewater levels relative to the approved freeboard elevation. (2) Except as provided in (3) [subdivision (3)J, the minimum capacity necessary to contain the mn-offand direct precipitation of the twenty-five (25) year, twenty-four (24) hour rainfall event. (3) For new source swine, poultry, and veal operations, the minimum capacity necessary to contain the direct precipitation and run-off from a one hundred (100) year, twenty-four (24) hour rainfall event. _ (f) The owner or operator shall inspect all manure, litter, and process wastewater management systems for compliance with Indiana Administrative Code Page 103 ~, NPDES GENERAL PERMIT RULE PROGRAM this rule at least one (1) time each week. Completed self-monitoring records must be kept in the operating record described in section 17 of this rule. (g) All earthen berms for manure, litter, and process wastewater storage stmctures must: (1) be stabilized with vegetation or alternative erosion control measures; and (2) be maintained to allow for visual inspection. (h) Dead animal compost operations must haverun-on and run-off control. Dead animal compost may be applied to the land ifapplied in accordance with the land application requirements in this mle. Disposal ofdead animals must be handled in accordance with the rules of the board of animal health at 345 IAC 7-7-3. (i) Manure, litter, and process wastewater staging and land application activities shall be conducted in compliance with sections 4 and 1 I through 14 of this mle and as follows: (I) Manure and litter that are staged at the application site for more than seventy-two (72) hours must be covered or otherwise protected and applied to the site within ninety (90) days. - _ (2) Staging of solid manure or litter at the application site is prohibited: (A) within three hundred (300) feet of surface waters of the state, drainage inlets, including water and sediment control basins, or water wells unless there is: (i) a barrier; or (ii) a surface gradient that contains or directs any contaminated mo-off away from the waters of the state, drainage inlets, including water and sediment control basins, or water wells; (B) on any area with a slope greater than six percent (6%), unless run-on and mn-off is controlled; or (C) on any standing water or waterway. (Water Pollution Control Board; 327IAC I S-I5-10; filed Feb 23, 2004, 12:15 p. m.: 27 /R 2237) 327 IAC 15-15-11 Soil conservation practice plan Authority: IC 13-13-5-1; IC 13-IS-1-2; IC 13-15-2-I Affected: IC 13-18-10 Sec. 11. (a) Except as provided in subsection (b), any person with a facility subject to this rule must develop and implement a soil conservation practice plan for land application areas by Febmary 27, 2009. The following milestones shall be me[ for the development and implementazion of the plan by the owner or operator of the CAFO who: (I) Mus[ identify the person who will develop the soil conservation practice plan by December 31, 2004. (2) Mus[ have completed the soil conservation practice plan by February 27, 2009. (3) Must have implemented the soil conservation practice plan by February 27, 2009. (4) Shall report progress toward meeting each milestone in this section in the annual report required under section 9(b) ofthis rule. (b) For CAFOs that become subject to this rule aRer February 27, 2009, the requirement to develop and implement a soil conservation practice plan shall apply as of the date permit coverage commences. If a person is proposing to apply manure, litter, or process wastewater to snow-covered or frozen ground or to highly erodible land, a soil conservation practice plan must be developed and implemented in accordance with section 14 of this mte before the application. Any land subject to a land use agreement: (I) not owned or controlled by the CAFO owner or operator to which manure, litter, or process wastewater is applied; and (2) where the landowner does not implement conservation practices, as applicable under this mle; must be used in accordance with sections 10 and l2 through l4 of this mle. (c) All new sources, as defined in section 3 of [his rule, must comply with this section upon the dateof permit coverage under this rule. (d) The soil conservation practice plan must: (1) be developed in accordance with NRCS conservation practice standards; and (2) specify, for each field receiving manure, litter, or process wastewater for land application, how to: (A) reduce soil erosion to a tolerable loss (T); and (B) minimize nutrient loss through leaching and run-off. (e) The soil conservation practice plan must contain the following: (I) A soil map clearly showing the specific fields subject to the conservation practices. • Indiana Adminis[rntive Code Page 104 ~,.., ~~ NPDES GENERAL PERMIT RULE PROGRAM (2) A description of the soil types presenk (3) The slope of land appiication sites. (4) Identification of appropriate: (A) site-specific conservation practices to reduce soil erosion and control mn-off of pollutants; and (B) methods to minimize nutrient leaching. (5) If applicable, the following: - (A) Aplan for application of manure, litter, or process wastewater to frozen orsnow-covered ground, as required under section 14 of this rule. (B) Identification of the following: (i) Land application sites for frozen or snow-covered ground application. (ii) Highly erodible ]and, as required under section 12(i) of this mle. (f) The soil conservation practice plan shall be kept with the operating record required under section 17 of this rule. (Water Pollution Control Board; 327IAC I S-I 5-11; filed Feb 23, 2004, I Z: I S p. m.: 277R 2238; fled Nov 27, 2006, 1:54 p. m.: 2006/227- IR-327050322FRA; filed Feb 13, 2008, 1:33p.m.: 20080312-IR-327060501FRA) 327 IAC 15-15-12 Nutrient management requirements Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1 Affected: IC 13-18-10 Sec. 12. (a) CAFOs that are not new sourcesmust conduct manure, litter, and process wastewater testing for nitrogen and phosphorus annually. Soil sampling and testing must be conducted at a minimum of once every three (3) years. Owners or operators may use the most recent data required under 327 IAC 16-7-1 I to meet [his requirement after the effective date of this rule. (b) CAFOs that are new sources must, as ofthe date of peratit coverage, conduct manure, litter, and process wastewater testing for nitrogen and phosphorus before the first land application and annually [hereafter. All CAFOs, except for new sources, shall • conduct soil testing for phosphorus: (1) as of the date of permit coverage; and (2) once every three (3) years thereafter. (c) Owners or operators shall use the protocols listed in the NRCS 590 standard for sampling and testing of soil, manure, litter, and process wastewater. (d) CAFOs that are not new sources must adjust land application rates to conform with [he NRCS 590 standard by February 27,2009. (e) CAFOs that are new sources must, as of the date of permit coverage, be prepared to conform with land application rates based on the NRCS 590 standard for the first and all subsequent land application activities. (f) Except as otherwise provided underthis section, application ofmanure, litter, and process wastewater must be in accordance with the setbacks in Table l: Table 1. SETBACK DISTANCES FROM DOWNGRADIENT SURFACE FEATURES (in feet) Less than or Equal to 6% Known Feature Slope; or Residue Cover Greater than 6% Slope Public water supply wells and public water supply surface intake 500 500 structures Surface waters of the state 100 200 Sinkholes (measured from the surface opening or the lowest point) 100 200 Wells 100 200 Drainage inlets 100 200 Property lines and public roads 50 50 (1) All setback distances must be measured from the edge of the area of actual placement of manure, litter, or process wastewater on the land. (2) The property line setback distances specified in Table 1 may be waived in writing by the owner of the adjoining property. (3) The setback is the width of the filter strip if a properly designed and maintained filter strip of at least thirty-five (35) feet Indiana Administrative Code Page 105 ~: NPDES GENERAL PERMIT RULE PROGRAM -- in width is located between the application site and any of the following: (A) Surface waters of the state. (B) Any known private well. (C) The surface opening or lowest point of any sinkhole. (D) Any drainage inlet, including water andsediment conVOl basins. (4) The setback is ten (] 0) feet if a gradient barrier is located between the application site and any of the following: (A) Surface waters of the state. (B) Any known well. (C) The surface opening or lowest point of any sinkhole. (D) Any drainage inlet, including water and sediment control basins. (g) Manure, litter, or process wastewater must not be applied [o the land from manure application equipment operating on a public road. - (h) Manure, litter, and process wastewater shall not be applied to saturated ground. (i) When planning ]and application, [he owner or operator must take into account the: (1) weather forecast and likelihood ofprecipi[ation events for [he twenty-four (24) hour period before and after the application; and (2) site soil conditions; - [o assure that manure, litter, and process wastewater are not applied before a rain event that, when combined with soil conditions, would likely result in run-off. (j) Manure, litter, and process wastewater must not be applied to highly erodible ]and unless [he: (I) land is: (A) pastureland; or (B) planted in a cover crop that reduces or controls erosion; or (2) manure, litter, or process wastewater is applied in accordance with the soil conservation practice plan required under section 11 of this rule. (k) Land application sites must be inspected to identify any field file outlets under or immediately bordering [he land application site. Visual monitoring of identified field the outlets must occur during and immediately following land application of - the manure, litter, or process wastewater. Ifthere is evidence of manure or process wastewater discharging from the field file outlet, the land application must cease immediately and [he flow stopped or captured. Any flow that is captured shall be either land applied or returned to storage. (I) If a CAFO is land appying manure, litter, or process wastewaterby injection or single pass incorporation, the CAFO must comply with the following setbacks: (1) Public water supply wells and public water supply surface intake structures: five hundred (500) fee[. (2) Surface waters: twenty-five (2S) feet. (3) Sinkholes: twenty-five (2S) feet. (4) Wells: ftfty (SO) fee[. (S) Drainage inlets: five (S) feet. - (6) Property Gnes and public roads: zero (0) feet. (m) If a CAFO is ]and applying solid manure or litter by surface application followed by incorporation within twelve (12) hours, the CAFO must comply with the following setbacks: (I) Public water supply wells and public water supply surface intake structures: five hundred (500) fee[. (2) Surface waters: fifty (SO) fee[. (3) Sinkholes: fifty (50) feet. (4) Wells: fifty (SO) feet. (5) Drninage inlets: fifty (SO) feet. (6) Property ]fines and public toads: ten (10) feet. (Water Pollution Control Board,' 3271AC IS-IS-12; filed Feb 23, 2004, 12:15 p. m.: 271R 2239; filed Nov 27, 2006, 1:54 p. m.: 20061227-IR-327050322FRA; filed Feb !3, 2008, I:33 p.m.: 200803/2-lR-327060501FRAf Administrative Code Page 106 GENERAL PERMIT RULE PROGRAM 327 IAC 15-IS-13 Spray irrigation Authority: IC13-13-5-1; IC 13-IS-1-2; IC 13-IS-2-1 Affected: IC 13-18-10 Sec. 13. (a) Spray imgation of liquid manure and process wastewater must be conducted to prevent equipment leaks and excessive application. Application is deemed excessive when the application rate exceeds the infiltration rate of [he soil where the application is occurring, expressed in inches per hour. (b) Application must be conducted: (1) under the constant supervision of a person; or (2) with devices to detect pressure loss due to leaks and devices to shut down the system if leaks are detected. (c) Manure and process wastewater must not be applied by spray irrigation to any land that has less than twenty (ZO) inches of soil above the bedrock. (d) Spray irrigation in a flood plain is prohibited unless the following conditions aze met: (1) The setback from surface water is increased to two hundred (200) feet. (2) Spraying is only done during months that the current county soil survey book indicates have a low potential for flooding. (3) There is no expectation of flooding, based on: (A) available weather forecast information; and (B) rainfall or flood conditions upstream within the drainage basin. (Water Pollution Control Board; 327 /AC I S-I5-13; filed Feb 23, 2004, 12:15 p. m.: 27IR 2240) 327 IAC 15-15-14 Lamd application om snow covered or frozen ground Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1 tt Affected: IC 13-18-10 E,,• Sec. 14. Surface application of manure, litter, or process wastewater to snow covered or frozen ground is prohibited unless the following conditions are met: (1) A soil conservation practice plan that includes land application to snow covered or frozen ground has been developed and implemented for the land application area The plan must meet [he following criteria: (A) No application [o land with a slope greater than two percent (2%), unless there is forty percent (40%) crop residue or vegetated crop cover on the land application site. (B) No application in a flood plain. (C) Application cannot be closer than two hundred (200) feet from any surface waterbody. (D) The application rate can be no more than a total of fifty percent (50%) of the agronomic rate, based on nitrogen, for each time period that the ground is frozen or snow covered. (2) The plan must identify the land application sites [o be used during snow covered or frozen Bound application. (Water Pollution Control Board; 3277AC /5-15-14r filed Feb 23, 2004, !2: !5 p.m.: 27IR 2240) 327 IAC 15-15-15 Marketing requirements Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-IS-2-1 Affected: IC 13-18-10 Sec. 15. (a) The owner or operator shall provide an information sheet to any person that receives or purchases more than ten (10) cubic yazds or two thousand (2,000) gallons ofmanure, litter, or process wastewater in ayear fromthe CAFO unless the CAFO owner or operator takes responsibility for applying the manure, litter, and process wastewater. The owner or operator shall record all information required under section 17(a)(4) [of this rule) for each person who receives or purchases manure, litter, or process wastewater under this section and maintain the inforrrtation in the operating record. (b) The information sheet must contain, at a minimum, the following information: (1) The name and address ofthe CAFO providing the manure. (2) A statement indicating that it is unlawful to allow the manure, litter, and process wastewater to enter any waters of the state. (3) Information on the nutrient content of the manure, litter, and process wastewater, based on the most current analysis. IndianaAdminis[rative Code - Page 107 ~. NPDES GENERAL PERMIT RULE PROGRAM (4) The manure, litter, and process wastewater application requirements of this mle. (Water Pollution Control Board; 3277AC I S-1 S-1 S; filed Feb 23, 2004, 12:15 p. m.: 27IR 2240) 327 IAC 15-1516 Emergency spill response plan Authority: IC 13-13-5-1; IC 13-15-I-2; IC 13-15-2-1 Affected: IC 13-18-10 Sec. 16. (a) The permittee shat] comply with the following: (1) Develop an emergency spill response plan. (2) Maintain the emergency spill response plan in the operating record, required under section 17 of this rule. (3) Implement the emergency spill response plan at any time a spilt occurs. (4) Familiarize all employees involved with manure, litter, or process wastewater handling with the emergency spill response plan. (5) Maintain the emergency spill response plan at the permitted facility in a place accessible to all employees. (b) The emergency spill response plan must include the following: (1) The names and telephone numbers ofpersons who are identified by the owner or operator as responsible for implementing the emergency spill response plan. (2) Areas where potential spills can occur and the drainage points associated with the potential spills. (3) Procedures to be followed in the event of a spill, including the foilowing: (A) Actions to contain or manage any spill of manure, litter, and process wastewater. (B) Mitigation of any adverse effects of the spill. (4) Identification of equipment and cleanup materials to be used in the event of a spill. (5) Procedures for reporting the spill to: (A) the facility owner and operator; (B) any applicable local emergency or health authorities; and • (C) the departrnent in accordance with 327 IAC 2-6.1. - (Water Pollution Control Board; 327IAC I S-IS-I6; filed Feb 23, 2004, 12:15 p. m.: 27IR 2241) 327 IAC 151517 Operating record Authority: IC 13-13-5-1; IC 13-15-1-2; IC ]3-IS-2-1 Affected: IC 13-18-10 Sec. 17. (a) The following information must be included and maintained in the operating record and updated: (1) All valid permits, modifications, and notifications. (2) The current annual report information required under section 9 of this mle. (3) The current emergency spill response plan required under section 16 of [his rule. (4) The operating record must also contain, for five (5) years, all applicable records of any person who receives or purchases more than ten (10) cubic yazds or two thousand (2,000) gallons of manure, litter, or process wastewater in a year to include: (A) the name and address of the person receiving or purchasing the manure, litter, or process wastewater; (B) the amount of manure, litter, or process wastewater received or purchased by the person; (C) a copy of the information sheet required under section 15 of this rule; and (D) the date or dates of the transfer. (5) Updated calculation of minimum acreage required to meet land application requirements under this rule. (6) Maps required under subsection (c). (7) Farmstead plan requiredunder subsection (e). (8) The soil conservation practice plan required under section 11 of this rule. (0) Records required under sections 4 and 10 of this mle. (10) The storm water pollution prevention plan required under section 18 of this rule. (b) Access to a minimum number of acres for land application of manure, litter, or process wastewater must be maintained and documented in the operating record a[ alt times based on the requirements in this mle: (1) Any acreage identified as part ofthe minimum required acreage for the application ofmanure, litter, of process wastewater Indiana Administrative Code Page 108 • ~,~" :• - NPDES GENERAL PERMIT RULE PROGRAM that is not owned by the owner or operator of the CAFO must be documented in the operating record by land use agreements signed by the properly owners on whose property the manure, litter; or process wastewater will be applied. (2) Copies of any written waivers related to reduction ofthe property line setback distances by adjoining property owners must be kept in the operating record. (3) The amount of minimum acreage required to be accessible for land application may be reduced based on the amount of manure mazketed but may not be reduced to less than twenty-five percent (25%) of the minimum requved amount based on the amount of manure generated annually. (c) A United States Department of Agriculture Natural Resources Conservation Service soil survey map of the facility and land application areas that clearly shows the following: (1) The location of the waste management systems. (2) The boundaries of the property of the facility. (3) The boundaries of all land application areas. (d) A copy of the final design drawings or the as-built plans of the waste management system. (e) A farmstead plan must show all existing waste management systems and the following known features: (1) Residences. (2) Surface waters of the state. (3) Public and private roads. (4) Water well locations. (5) Land with the chazacteristics of karst terrain as identified in 327IAC 16-2-21. (6) Drainage patterns. (7) Property boundary Tine. (8) All outfalls of known subsurface drainage structures. (9) Drainage inlets, including water and sediment control basins. (10) Diversion of uncontaminated surface water. • (f) The farmstead plan must be legible and either: (1) drawn to approximate scale; or (2) show specific distances between: (A) the waste management systems; and (B) the features in subsection (e) that are within five hundred (500) feet of the existing or proposed waste management system. (g) The waste management system drawing or plans must show detailed views and necessary cross sections to define all dimensions and construction materials. Complete and entire elevations must be provided for waste management systems relying on gravity flow. (Water Pollution Control Board; 327IAC I S-I5-17; filed Feb 23, 2004, 12: /5 p.m.: 27IR 2241) 327 IAC IS-15-18 Storm water pollution prevention plan Authority: IC 13-13-5-1; IC 13-IS-I-2; IC 13-15-2-1 Affected: IC 13-18-10 Sec. 18. (a) The owner or operator shall comply with the following: (1) Develop a storm water pollution prevention plan. (2) Maintain the storm water pollution prevention plan in the operating record as required under section 17 of this rule. (3) Amend the storm water pollution prevention plan whenever: (A) there is a change in design, construction, operation or maintenance a[ the facility that will have or has the potential to have a significant effect on the potential for the discharge of pollutants; or (B) written notice is received from the commissioner stating that the storm water pollution prevention plan has proved to be ineffective in achieving the general objectives of controlling pollutants in storm water discharges. (b) The storm water pollution prevention plan shall: (1) Give a description of clean water diversion used at the facility for the production area, and any area which is directly related to animal production including waste and feed storage. (2) Describe and ensure implementation of practices [o minimize and control pollutants in storm waste discharges associated with the following areas: Indiana Administrative Code - Page 109 NPDES GENERAL PERMIT RULE PROGRAM (A) Immediate access roads and rail lines used or traveled by carriers of raw materials, waste material, or byproducts used or created by the facility. (B) Refuse sites. (C) Sites used for the storage and maintenance of material handling equipment. (D) Shipping and receiving areas. (3) Contain a monitoring plan that demonstrates the effectiveness of storm water pollution prevention practices. (Water Pollution Control Board; 327IAC I S-IS-18; filed Feb 23, 2004, 12:15 p.m.: 27IR 2242) 327IAC 15-15-19 Closure of manure, litter, or process wastewater storage structures Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1 Affected: IC 13-18-10 Sec. 19. (a) A owner or operator that plans to close or discontinue the use of a manure, litter, process wastewater storage structure must comply with the following requirements, as applicable: (1) A manure, litter, process wastewater stomge stmcture is deemed closed when the environmental threat has been removed. (2) The owner or operator that plans to temporarily discontinue use of a manure, litter, process wastewater storage structure must comply with this mle. (b) Manure, litter, process wastewater storage structures that are temporarily shut down must be maintained in accordance with this rule. A manure, litter, or process wastewater storage structure that has been temporarily shut down for three (3) years must be cleaned out in accordance with this rule. (c) The owner or operator that plans to close or diswntinue use of a manure, litter, or process wastewater storage structure shall do the following: (1) Remove all manure, litter, or process wastewater from the storage structure prior [o the expiration of the general permit Until all manure, litter, or process wastewater is removed, the structure shall be maintained in accordance with this rule. (2) If the facility will not be completely closed, the owner or operator shall notify the department that the manure, litter, process wastewater storage structure is not to be completely closed and: -~. (A) provide information on the recalculated storage capacity for the facility; and (B) must also notify the department: (i) before demolishing or converting the use of any manure, litter, process wastewater storage stmcture; and (ii) specify the intended future use of the manure, litter, process wastewater storage structure if the stmcture is to be converted to another use. (3) Land apply and manage all manure, litter, or process wastewater removed from the structure in accordance with this rule. (4) Remove all associated appurtenances, and conveyance structures from uncovered liquid manure, or process wastewater storage stmctares. (5) Submit a statement to the commissioner within thirty (30) days after completing the requirements in this section that certifies compliance with the requirements in this section. (d) If deemed necessary to protect human health or the environment, the commissioner may require additional closure activities based on: (1) surface contamination; (2) evidence of leakage, seepage, or spills; or (3) other criteria necessary [o the protection of human health or the environment. (e) Adequate storage must be maintained to avoid land application when soil or weather conditions are unsuitable for land application or when land is occupied with crops and unavailable for land application. Land application is prohibited when soil or weather conditions are unsuitable for land application. (Water Pollution Control Board; 327IAC IS-IS-79; filed Feb 23, 2004, 72: I S p.m.: 27IR 2242) 327IAC 15-15-20 Removal from the permitting program Authority: IC 13-13-5-1; IC 13-15-1-2; IC 13-15-2-1 Affected: IC 13-I1-2-40; IC 13-18-10 Sec. 20. (a) This section applies to any permitted CAFO that qualifies for removal from the permitting program due to: Indiana Administrative Code Page 110 .~ ~-~-.. • NPDES GENERAL PERMIT RULE PROGRAM (1) a reduction in the size of the facility based on the number of animals that is less than listed in the definition of large CAFO under section 3 or this rule (sic.J, unless the CAFO would still meet the definition of medium CAFO after the reduction in number of animals; (2) a decision to cease operation and completely close the entire facility under section 19 of this rule; or (3) transfer of ownership of the facility. (b) A permitted operation cannot exit the permit program due to a reduction in the size of the facility based on the number ofanimals if the facility was designated as a CAFO, under327IAC 5-4-3, dueto a dischazge to waters ofthe state. The facility must remain in the program at least through the term of the permit, unless [he facility ownership is transferzed or completely closed under section 19 of this rule. (c) A permitted operation may exit the permit program after the term of the permit expires if the department has received a request from the permittee to be removed from the program and the department has confirmed that the facility has and maintains fewer animals than the definition of large CAFO under section 3 of this rule and has not had a discharge within the past five (5) years. The permittee must also demonstrate to the commissioner that there is no remaining potenfial for a discharge ofmanure, littey or process wastewater [hat was generated while the operation was a CAFO, other than agricultural storm water from land application areas. (d)IfofacilitybeingremovedfromtheNPDESpermitprogramwillmeetthedefinitionofaconfinedfeedingoperation(CFO) under IC 13- I 1-2-4Q, the owner or operator must notify the department in writing prior to removal from the NPDES program that the facility still meets the definition of a CFO and is transitioning into the CFO program under 327IAC 16. Ifthe owner or operator does not notify the agency prior to removal from the NPDES permit program, the owner or operator must submit a new approval application under 327 [AC 16 to again operate a confined feeding operation. Coverage under the CFO program commences when the deparment receives the written notification and remains in effect for [he durafion of time the NPDES general permit would have been in effect but in no case longer than five (5) years. (e) If ownership of the facility is transferred, the new owner must submitan NOI at least thirty (30) days prior to beginning ~• operation at the facility, in accordance with section 5 of this mle. (f) An owner or operator may exit the permit program due to a complete closure of the faci]lty if the department has been notified that: (1) all livestock animals aze removed from the site; and (2) the owner or operator has demonstrated to the commissioner that there is no remaining potential for a discharge ofmanure, litter, or process wastewater that was generated while the operation was a CAFO, other than agricultural storm water from land application areas; and (3) the owner or operator closes all manure storage structures in accordance with this rule. (g) The commissioner shall send the permittee a letter of confirmation when the departrnent has verified that the requirements for closure under this rule have been met. (Water Pollution Control Board; 327IAC IS-/5-20; filed Feb 23, 2004, 12.I S p.m.: 27 IR 2243) • Indiana Administrative Code Page 111 ~! • • S' ARTICLE 7. STORMWATER MANAGEMENT. § 6-180 Purpose and Intent. The purpose of this Article is to provide for the health, safety, and general welfaze of the citizens of the City of Carmel through the regulation of non-stonnwater dischazges to the maximum extent practicable as required by federal and state law. This Article establishes methods for controlling the introduction of pollutants into the City of Carmel municipal sepazate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Dischazge Elimination System (NPDES) program authorized by the 1972 amendments to the Clean Water Act, the Indiana Department of Environmental Management's Rule 13 (327 IAC 15-13), and the Indiana Department of Environmental Management's Rule 5 (327 IAC 15-5). The objectives of this Article aze: (a) To prohibit the release of pollutants to the MS4 from construction activity. (b) To prohibit the release of pollutants to the MS4 from post construction runoff. (c) To prohibit illicit discharges into the MS4. (d) To establish legal authority to carry out all inspection, monitoring, and • enforcement procedures necessary to ensure compliance with this Article. (Ord. D-1794-06, 2-6-06) § 6-181 Definitions. For the purposes of this Article, the following shall mean: Best Management Practices (BMPs). Structural or nonstructural practices, or a combination of practices, designed to act as effective, practicable means of minimizing the impacts of development and human activities on water quality. Traditional structural BMPs, including extended detention dry ponds, wet ponds, infiltration trenches, and sand filtration systems, aze now common elements of most new development projects. Structural BMPs rely heavily on gravitational settling and/or the infiltration of soluble nutrients through a porous medium for pollutant removal. Nonstructural BMPs, which may be used independently or in conjunction with stmctural BMPs, rely on a much wider breadth of mechanisms to prevent or control non-point source pollution. Nonstructural BMPs range from programs that increase public awareness to prevent pollution, to the implementation ofcontrol-oriented techniques (such as bioretention and stormwater wetlands) that utilize vegetation to enhance pollutant removal and restore the infiltrative capacity of the landscape. • Clean Water Act (CWA). The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto. Construction Activity. Activities subject to a stormwater management permit. These include construction projects resulting in land disturbance of/<acre or more. Such activities include but aze not limited to clearing and grubbing, grading, excavating, and demolition. This term does not include routine ditch or road maintenance, minor landscaping projects, agricultural land disturbing activities, forest harvesting activities, or individual building lots within a larger permitted project. Entity. An individual, association, organization, partnership, firm, corporation, or other person or group of persons recognized by law and acting as either the owner or as the owner's agent. Illicit Connections. Either of the following: (1) A stormwater conveyance system, which allows an illicit discharge to enter the storm drainage system or the MS4, including but not limited to any conveyances which allow any non-stormwater discharge and any connections to the storm drainage system, MS4, or receiving waters from indoor drains and sinks, regazdless of whether said drain or connection had been previously allowed, permitted, or approved by the City of Cannel or, (2) Any conveyance connected from a commercial or industrial land use to the storm drainage system, MS4, or receiving water which has not been documented in plans, maps, or equivalent records and approved by the City of Carmel. .. Illicit Discharge. A direct or indirect non-stonnwater or pollutant discharge to the storm drainage system, MS4, or receiving waters except as exempted in § 6-190. Industrial Activity. Activities subject to NPDES Industrial Permits as defined by 327 IAC 15-6-1:12 (Rule 6). Inspecting Authority. A City of Carmel representative or any other person authorized by the City of Carmel to perform inspections. Maximum Extent Practicable (MEP). The statutory standazd that establishes the level of pollutant reductions that operators of regulated MS4s must achieve. The CWA requires that NPDES stormwater dischazge permits for dischazges from MS4s "shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods." This standazd applies to all MS4s regulated under the Phase I and Phase II (Rule 13) stonnwater rules. Compliance with the conditions of Rule 13 and the series of steps associated with implementation of the required six minimum control measures will satisfy the MEP standard. Compliance with the six minimum control measures requires the development and implementation of BMPs. Implementation of the BMPs includes not only the actions necessary to initiate and continue the use of specific control measures, but also, the enforcement actions, as applicable, to ensure that the implementation of the • control measures occurs. `. Measurable Storm Event. A precipitation event that results in a total measured precipitation accumulation equal to, or greater than, one-half inch of rainfall. Municipal Separate Storm Sewer System (MS4). A Stormwater conveyance system which is owned or operated by a state, city, town, county, tribe, district, association, or other public body or a designated and approved management agency under Section 208 of the Clean Water Act that discharges into waters of the United States (40 CFR 122.26(b)(8)). National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit. A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the dischazge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general azea- wide basis. Non-Stormwater Discharge. Any dischazge to the Stormwater conveyance system that is not composed entirely of Stormwater including, but not limited to: sewage, process wastewater, washwater, water containing pollutants, or any other liquid, other than uncontaminated Stormwater, dischazged from a facility. Notice of Intent (NOI). A written notification indicating an entity's intention to €~- comply with the terms of a specified general permit rule in lieu ofapplying for an ~ _• individual NPDES stormwater dischazge permit and includes information as required under 327 IAC 15-3 and the applicable general permit rule. Pollutant. Anything that causes or contributes to pollution. Pollutants may include, but aze not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazazdous liquid and solid wastes; yard wastes, including grass, brush, leaves, and limbs; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables, pesticides, herbicides, and fertilizers; hazazdous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; soil and sediments; and noxious or offensive matter of any kind. Premises. Any building, lot, pazcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Receiving Waters. Watercourses or waters of the United States, or any body of water into which Stormwater is discharged. Storm Drainage System. Anon-MS4 Stormwater conveyance system that ultimately dischazges to an MS4. ~~ Stormwater Conveyance Systems. System of subsurface drainage systems, catch basins, and other drainage structures including retention and detention facilities, municipal streets, catch basins, curbs, gutters, roads with subsurface drainage systems, • reservoirs, pumped piping systems, other drainage structures or watercourse. Stormwater Pollution Prevention Plan (SWPPP). A document which describes the best management practices and activities to be implemented by an entity to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. Technical Review and Comment Form. A form issued by the City of Carmel stating the SWPPP is adequate or stating revisions needed in the SWPPP. Trained Individual. An individual who is trained and experienced in the principles of Stormwater quality, including erosion and sediment control as may be demonstrated by state registration, professional certification, experience, or completion of coursework that enable the individual to make judgments regarding Stormwater quality control or treatment and monitoring. Watercourse. As defined in the Carmel City Code. Waters of the United States. A term used in federal regulations that defines all water bodies regulated as waters of the U.S. It includes: (I) All waters which may be susceptible to use in interstate or foreign • commerce; (2) All interstate waters, including interstate wetlands; (3) All other waters, such as intrastate lakes, rivers, streams (including intermittent streams), mud flats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds; the use, degradation, or destruction of which could affect interstate or foreign commerce including any such waters; (4) All impoundments of waters otherwise defined as waters of the U.S.; (5) Tributaries of waters identified in this section; (6) The territorial seas; (7) Wetlands adjacent to waters. (Ord. D-1794-06, 2-6-06) § 6-182 Applicability. • (a) This Article shall apply to all construction activity, direct or indirect stormwater discharges, and illicit dischazges entering the storm drainage system, MS4, or receiving waters under the jurisdiction of the City of Carmel. (b) The City of Carmel, by and through its Boazd of Public Works and Safety, has the authority to modify, grant exemptions, and/or waive any and all the requirements of this Article. A meeting with the City of Carmel Engineering Departrnent may be requested by an entity to discuss the applicability of various provisions of the Article with regards to unique or unusual circumstances. However, any initial determination of such applicability shall not be binding on future determinations of the City of Carmel Engineering Department that may be based on the review of more detailed information and plans. (Ord. D-1794-06,2-6-06) § 6-183 NPDES Stormwater Discharge Permit. Any entity subject to an NPDES stormwater discharge permit shall comply with all provisions of such permit and the provisions of this Article if the provisions of this Article aze more restrictive than the NPDES stonnwater discharge permit. Proof of compliance with said permit and this Article may be required in a form acceptable to the City of Carmel prior to allowing discharges to the MS4. (Ord. D-1794-06, 2-6-06) § 6-184 Responsibility for Administration. The City of Carmel, by and through its Board of Public Works and Safety, shall administer, implement, and enforce the provisions of this Article. Any powers granted or duties imposed upon the City of Carmel maybe delegated in writing by the City of Carmel Board of Public Works and Safety to persons acting in the beneficial interest of or in the employ of the agency. (Ord. D-1794-06, 2-6-06) § 6-185 Conflicting Ordinances. The provisions of this Article shall be deemed as additional requirements to mhumum standazds required by other City of Carmel codes and ordinances, and as supplemental requirements to Indiana's Rule 5 regazding stormwater discharge associated with construction activity and Indiana's Rule 13 regazding stonnwater runoff associated with MS4 conveyances. In case of conflicting requirements, the most restrictive shall apply. Unless otherwise stated, the most recent versions or editions of said codes, ordinances, laws, and statutes shall apply. • (Ord. D-1794-06, 2-6-06) § 6-186 Stormwater Technical Standards Manual. • The City of Carmel Stormwater Technical Standazds Manual, and amendments thereto, are hereby incorporated herein by reference, with copies of the same being maintained in the Departrnent of Engineering for public inspection during regulaz business hours. (Ord. D-1794-06, 2-6-06) § 6-187 Interpretation. Words and phrases in this Article shall be construed according to their common and accepted meanings, except that words and phrases defined in § 6-181, Definitions; shall be construed according to the respective definitions given in that section. Technical words and technical phrases that are not defined in this Article but which have acquired particular meanings in law or in technical usage shall be construed according to such meanings and as defined in 327 IAC I5-13 and 327 IAC IS-5 of the Indiana Code and other City of Carmel codes and ordinances. (Ord. D-1794-06, 2-6-06) § 6-188 Severability. The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Article. (Ord. D-1794-06, 2-6-06) § 6-189 Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this Article aze minimum standards; therefore, this Article does not intend nor imply that compliance by any entity will ensure that there will be no contamination, pollution, nor unauthorized dischazge of pollutants. The degree of protection required by this Article is considered reasonable for regulatory purposes. This Article shall not create liability on the part of City of Carmel or any officer, representative, or employee thereof, for any damage that may result from reliance on this Article or on any administrative decision lawfully made thereunder. (Ord. D-1794-06, 2-6-06) § 6-190 Discharge Prohibitions. (a) Prohibition of illicit discharges. . i. (1) No entity shall discharge directly or indirectly or cause to be discharged into - the storm drainage system, MS4, or receiving waters any materials, including but not limited to, pollutants or non-stormwater dischazges that cause or contribute to a violation of applicable water quality standards, other than stormwater. (2) The commencement, conduct or continuance of any illicit dischazge to the storm drainage system, MS4, or receiving waters is prohibited except as described as follows: a. The following dischazges are exempt from the requirements of this section: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated -typically less than one PPM chlorine), firefighting activities, and any other water source not containing pollutants. b. Dischazges specified in writing by the City of Carmel as being necessary to protect public health and safety. c. Dye testing is an allowable discharge, but requires a verbal notification to ~A• the City of Carmel prior to the time of the test. d. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES stormwater dischazge permit, waiver, or waste dischazge order issued to the discharger and administered under the authority of the Federal Environrnental Protection Agency, provided that the dischazger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, including this Article, and provided that written approval has been granted for any discharge to the stonn drainage system, MS4, or receiving waters. (b) Prohibition of illicit connections. (1) The construction, use, maintenance, or continued existence of illicit connections is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) An entity is in violation of this Article if the entity makes an illicit connection or allows such a connection to continue after service of a notice of violation. • This Article requires an immediate cessation of the illicit connection after service of tha notice of violation. (Ord. D-1794-06, 2-6-06) § 6-191 Watercourse Protection. (a) Improvement of watercourse. Whenever a residential subdivision or commercial development constructs improvements upon lands, which is traversed by a watercourse, the landowner/developer shall make improvements to said watercourse. These improvements shall consist of the following: (1) All debris and obstructions within the channel (bank to bank) shall be removed. This shall include but not be limited to logjams and trash. (2) Cleaz all trees which are dead and leaning at a 45 degree or greater angle or trees with roots that are exposed in the channel and potentially wi]I fall into the stream. In clearing, the tree shall be cut flush with the ground and treated with anEPA-approved brush killer. (3) All stream bank erosion shall be repaired in an acceptable manner approved by the City of Carmel. (4) The above-required improvements must be reflected on the overall design plans for the development and submitted to the City of Carmel for prior approval. • (b) Maintenance of watercourse. Entities owning property through which a watercourse passes, or such an entity's lessee, shall keep and maintain that part of the watercourse in accordance with this Article and the City of Carmel Property Maintenance Code. In addition, the entity or lessee shall maintain existing privately owned stmctures within or adjacent to a watercourse, so that such structures will not become a hazard to the use; function; or physical integrity of the watercourse. The entity or lessee shall not place or construct a privately owned structure(s) or other impairment as defined in the City of Carmel Property Maintenance Code within or adjacent to the watercourse such that is an impairment or a detriment (as defined in the City of Carmel Property Maintenance Code) or in such a location that is in violation of the City of Carmel Property Maintenance Code. (Ord. D-1794-06,2-6-06) § 6-192 Storage of Pollutants. Storage or stockpiling of pollutants within ariy floodplain district is strictly prohibited. Storage or stockpiling of pollutants on active construction sites must include adequate protection and/or containment so as to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse. (Ord. D-1794-06, 2-6-06) . § 6-193 Access to Facilities. (a) The City of Carmel shall be permitted to enter and inspect any premises subject to regulation under this Article or subject to the conditions of a NPDES stormwater discharge permit as often as may be necessary to determine compliance with this Article. If a said premise has security measures in force, which require proper identification and cleazance before entry into its premise, the owner of said premise shall make the necessary arrangements to allow access to representatives of the City of Carmel. (b) The City of Carmel shall be provided ready access to all parts of the premises for the purposes of inspection, sampling, examination and provided access to all records that must be kept under the conditions of a NPDES storrnwater discharge permit or this Article and shall be permitted to make copies of said records, and the performance of any additional duties as defined by state and federal law and any other applicable codes, ordinances, or laws which would otherwise have jurisdiction over the provisions of this Article. (c) Unreasonable delay or refusal to allow the City of Camre] access to a premise subject to regulation under this Article or subject to the conditions of a NPDES stormwater dischazge permit is a violation of this Article. .. • (d) If the City of Carmel has been refused access to any part of the premise, and the City of Carmel is able to demonstrate probable cause to believe that there may be a violation of this Article, or that there is a need to inspect and/or sample any dischazges as part of an inspection and sampling program developed to verify compliance with this Article or any order issued hereunder, and/or to protect the overall public health, safety, and welfare of the City of Carmel, then the City of Carmel may seek issuance of a search warrant from any court of competent jurisdiction. (e) Any temporary or permanent obstruction to safe and easy access to the premise to be inspected and/or sampled shall be promptly removed by the owner of the premises at the written or oral request of the City of Carmel and shall not be replaced. The costs of clearing such access shall be borne by the owner of the premise. (f) It shall be unlawful for the entity of any premise to refuse to allow the City of Carmel to enter upon the premise for the purposes set forth in § 6-202., (Ord. D-1794-06, 2-6-06) § 6-194 Monitoring of Discharges. (a) The City of Carmel shall have the right to install on any premise, such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the premise's dischazge. • (b) The City of Carmel reserves the right to require the entity of said premise to install monitoring equipment as necessary. The premise's sampling and monitoring equipment shall be maintained at all times. in a safe and proper operating condition by the entity at the expense of the entity.. Data resulting from said monitoring shall be provided to the City of Carmel. All devices used to measure flow and quality shall be calibrated to ensuretheir accuracy. (Ord. D-1794-06, 2-6-06) § 6-195 Removal of Mud and Other Substances from City Streets. No entity shall, under any circumstance, cause any mud, dirt, sand, gravel, stone or other similar substance to be deposited upon any City street at any time. (Ord. D-1794-06,2-6-06) § 6-196 Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the Use of Best Management Practices. Any entity responsible for a premise, which is, or may be, the source of an illicit discharge shall provide, at their own expense, reasonable protection from an illicit discharge through the use of acceptable best management practices (BMPs), as determined by the City of Carmel. Acceptable BMPs aze outlined in the City of Carmel Stormwater Technical Standazds Manual. This shall include any premise having an approved NPDES stormwater dischazge permit. (Ord. D-1794-06,.2-6-06) § 6-197 Notification of Spills. (a) Any entity who knowingly or accidentally causes an illicit discharge shall immediately notify emergency dispatch services. A written report concerning the illicit discharge shall be filed with the City of Carmel Engineering Department, by the dischargers, within five days. The written report shall specify: (1) The composition of the dischazge and the cause thereof; (2) The date, time, and estimated volume of the dischazge; (3) All measures taken to remedy the illicit dischazge, and all measures proposed to be taken to prevent any recurrence; (4) The name and telephone number of the entity making the report, and the name and telephone number of the entity who may be contacted for additional information on the matter. • . (b) A properly reported illicit discharge shall be an affirmative defense to a civil infraction proceeding brought under this Article against an entity for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the illicit dischazge. An illicit discharge shall be considered properly reported only if the entity complies with all the requirements of this section. This requirement does not relieve the entity from notifying other agencies as required by state or federal regulations. (Ord. D-1794-06, 2-6-06) § 6-198 Floodplain Management. Filling of the land in the floodplain of a regulated drain or any natural stream or watercourse, that has a contributing drainage azea of 25 acres or more, located within the City of Carmel is prohibited. The use of the floodplain area for detention/retention ponds or lakes is also prohibited. Floodplain boundaries aze to be determined by using the 100- year base flood elevation (BFE) as shown on the flood insurance rate maps (FIRM) of the Federal Emergency Management Agency (FEMA) and the Hamilton County one-foot topographic data available on the Hamilton County GIS webpage. (a) If during the process of using the BFE and the one-foot topographic data it is determined that the FIRM is incorrect, then a letter of map revision (LOMR) to correct the FIRM is to be filed with FEMA. No filling of the floodplain, either the floodplain shown on the FIRM or the floodplain determined by the floodplain study, whichever is more conservative, will be allowed until an approved copy of the LOMR is provided to the City of Carmel. (b) If a FIRM does not establish a 100-year BFE for a regulated drain, natural stream, or natural watercourse, .the 100-year BFE shall be established through a site specific floodplain study performed by a professional engineer registered in the State of Indiana in accordance with the IDNR Hydraulic Modeling Guidelines. (I) If the drainage area for the floodplain study is greater then one square mile at the farthest downstream point of the study, then the floodplain study must be submitted to IDNR -Division of Water for approval and to the City of Carmel for review and comment. A copy of the ftnal study, approved by IDNR -Division of Water, must be submitted to the City of Carmel as part of the project requiring the study to be completed. (2) If the drainage area for the floodplain study is less then one square mile at the farthest downstream point of the study, then the floodplain study must be submitted to the City of Carmel for review and approval. The City of Carmel will have the option to send the floodplain study to a consulting engineering firm for review and comment, should the accuracy of the floodplain study be in question. The cost of the consulting engineering firm`s time will be the responsibility of the owner of the project and will need to be consented to in a written agreement prior to any review of the floodplain study by the consulting engineer, (c) The requirements of the section do not apply to the following: ~) (1) Agricultural uses such as crop production, pastures, orchards, tree farms, planting nurseries, vineyazds, and general farming. (2) Forestry, wildlife areas and nature preserves. (3) County, city, or township parks. (4) Public streets, bridges, and roadways, as long as the crossing structure are properly sized to convey the natural stream or watercourse and not raise the 100-yeaz BFE. (5) Regional detention basins approved by the City of Carmel. (Ord. D-1794-06, 2-6-06) § 6-199 Stormwater Management Permit Requirements and Procedures. An approved stormwater management permit shall be obtained prior to the initiation of any construction activities. In order to obtain a stormwater management permit, the applicant shall be the entity responsible for accomplishing the construction activity for which the stormwater management permit was issued. In granting a stormwater management permit, the City of Carmel may impose such terms and conditions as aze reasonably necessary to meet the purpose of this Article. The entity shall insure compliance with such terms and conditions. Non-compliance with the terms and conditions of permits will be subject to enforcement as described in § 6-205. The entity shall inform all general contractors, construction management firms, grading or excavating contractors, utility contractors, and the contractors that have primary oversight on individual building lots of the terms and conditions of the stormwater management permit and the schedule for proposed implementation. (a) The project site owner shall submit an application for a stormwater management permit to the City of Carmel. The application will include a stormwater management permit application form, construction plan sheets, stormwater drainage technical report, a stormwater pollution prevention plan, the applicable fees, and any other necessary support information, unless submitting to the Technical Advisory Committee, in which case, the owner shall insure the required documents are included in the Technical Advisory Committee packet. Specific information to be included in the application shall be prepared as stated in the Stormwater Technical Standazds Manual Chapter 100. All plans, reports, calculations, and narratives shall be prepazed in accordance with the City of Carmel Stormwater Technical Standazds Manual and signed and sealed by a professional engineer, registered by the State of Indiana. ~. (b) (1) The City of Carmel will review each application for a stonnwater management permit to determine its conformance with the provisions of this Article. The City of Carmel will take one of the following actions: a. Approve the SWPPP for active construction sites and for post-construction and provide a Technical Review and Comment Form stating the "Plan is Adequate". b. Approve the SWPPP for active construction sites and for post-construction subject to such reasonable conditions as may be necessary to secure substantially the objectives of this Article, and issue the Technical Review and Comment Form stating the "Plan is Adequate" with said conditions outlined. c. Provide a Technical Review and Comment Form stating the "Plan is Deficient" and indicating the reason(s) and procedure for submitting a revised application and/or submission. (2) Any changes or deviations in the detailed plans and specifications after approval of the applicable stormwater management permit shall be filed with, and accepted by, the City of Carmel prior to the commencement of construction activity involving the change. Applicable fees, with respect to the review of all drainage submittals, preliminary plans, final plans, construction plans and accompanying information and data, as well as any applicable pre-paid inspection fees, are due in • accordance with the City of Carmel Deparment of Engineering fee ordinance before any permit is issued. The City of Carmel shall have the right to not accept the drainage improvements or to not accept the advancement of any project for which the applicable fees have not been paid. (c) After receiving a Technical Review and Comment Form stating the "Plan is Adequate", the project site owner must notify the City of Carmel and IDEM 48 hours before beginning construction. Notification shall be in the form of an IDEM NOI form along with proof of publication of public notice. The publication must include the following: (1) "(Company name, address) is submitting an NOI letter to notify the City of Carmel and the Indiana Department of Environmental Management of our intent to comply with the requirements of the City of Cannel Stormwater Management Ordinance, as well as the requirements of 327 IAC I S-5 and 327 IAC 15-13, to dischazge stormwater from construction activities for the following project: (name of the construction project, address of the location of the construction project, and Parcel Identification Number). Run-off from the project site will discharge to (stream(s) receiving the dischazge(s))." (2) Once a permit has been issued and the updated NOI submitted to the City of Carmel and IDEM 48 hours before beginning construction, construction may commence. - A stop work order per § 6-205 shall be issued by the City of Carmel for all projects that • aze proceeding without such notification. (d) Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures to ensure compliance with the City of Carrnel's applicable ordinances and the terms and conditions of the approved permit, in accordance with this section. Lack of maintenance of stormwater pollution prevention measures during construction or failure to implement the approved SWPPP by the approved schedule of implementation shall constitute a violation of this Article, subject to enforcement under the provisions of this Article. (e) Upon completion of construction activities, as-built plans must be submitted to the City of Carmel. (f) The entity must submit a notice of termination (NOT) letter to the City of Carmel once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed. The City of Carmel shall inspect the construction site and verify the requirements for an NOT have been met. Once the applicant receives a "verified" copy of the NOT, they must forwazd a copy to IDEM. (Ord. D-1794-06, 2-6-06) § 6-200 Individual Lot Plot Plan Permit Requirements and Procedures. For individual lots disturbing less than one acre, developed within a larger pernutted project, a formal review and issuance of an individual lot plot plan permit will be required before a building permit can be issued. The individual lot owner must complete a residential lot plot plan permit applicafion, in accordance with the Stormwater Technical Standards Manual. In submitting the individual lot plot plan for plan review, applicable fees are due in accordance with the City of Carmel Department of Engineering fee ordinance. These fees are due before approval for a plan can be issued. The individual lot owner is responsible for installation and maintenance of all erosion and sediment control measures until the site is stabilized. In instances where an NOT has been issued to the developer and there aze multiple lots being developed and a violation of this Article occurs that cannot be attributed to an individual lot owner, then all lot owners with active construction shall, collectively, be found in violation. (Ord. D-1794-06, 2-6-06) § 6-201 Performance Surety and Maintenance Guarantee. As a condition of approval and issuance of the permit, the City of Carmel shall require the applicant to provide financial performance and maintenance guarantees in accordance with Section 5.07 of the City of Carmel Subdivision Control Ordinance. Said assurance will guarantee a good faith execution of the stormwater drainage plan, the S WPPP, the stormwater quality management plan, and any permit conditions. Notice of the scheduled date for completion of construction shall be provided to the City of Carmel at least 72 hours prior to its planned completion. The owner will schedule the final inspection, the storm drain and site grading. Performance sureties will be released in accordance with ~. Section 5.07.03 of the Subdivision Control Ordinance. (Ord. D-1794-06, 2-6-06) § 6-202 Construction Activity Inspection. (a) Aself-monitoring program shall be implemented for all permitted land disturbing activities. A trained individual shall perform a written evaluation of the project site by the end of the next business day following each measurable storm event. If there aze no measurable storm events within a given week, the site should be monitored at least once in that week. (b) The evaluation shall document the maintenance efforts of existing best management practices to ensure proper function in accordance with this Article; and identify additional measures necessary to remain in compliance with al] applicable statutes and rules. (c) Written evaluation reports include the following: (1) The name of the individual performing the evaluation; • (2) The date of the evaluation; (3) Problems identified at the project site; and (4) Details of conective actions recommended and completed (d) All evaluation reports for the project site shall be made available to the City of Carmel within 48 hours of a request. (e) The City of Carmel will perform inspections at their discretion to evaluate the installation, implementation, and maintenance of control measures and management practices at any project site involved in construction activities and provide necessary recommendations for conformance with the provisions of this Article and the stormwater management permit. Access to the construction project site shall be provided in accordance with § 6-193. If inspections are required outside the set inspection schedule (City of Carmel Department of Engineering fee ordinance) than an additional re- inspection fee will be charged (City of Carmel Department of Engineering fee ordinance). (f) Apre-construction meeting is required to be held with the participation of the City of Carmel and other entities involved prior to any grading activity to ensure that appropriate erosion control measures have been implemented on the site and the location of any existing Gles have been properly marked. (g) If after a recommendation is provided to the entity, corrective action is not • taken; the City of Carmel will pursue enforcement in accordance with this Article. (Ord. D-1794-06, 2-6-06) § 6-203 Post Construction Stormwater Quality Management. (a) The City of Carmel has established a minimum standazd that the measurement of the effectiveness of the control of stormwater quality will be based on the management of total suspended solids (TSS). The project site owner must submit to the City of Carmel, apost-construction SWPPP that would show placement of appropriate BMP(s) from apre-approved list of BMPs specified in the City of Carmel Stormwater Technical Standards Manual and would demonstrate that the expected TSS loadings in runoff associated with one inch of rainfall will be reduced by a minimum of 80% at the outfall(s) exiting the site. The noted BMPs must be designed, constructed, and maintained according to guidelines provided or referenced in the City of Carmel Stormwater Technical Standards Manual. Practices other than those specified in the pre- approved list may be utilized. However, the burden of proof, as to whether the performance (minimum 80%TSS removal) and ease of maintenance of such practices will be according to guidelines provided in the City of Carmel Stormwater Technical Standadds Manual, would be placed with the applicant. Details regazding the procedures and criteria for consideration of acceptance of such BMPs aze provided in the City of • Carmel Stormwater Technical Standards Manual. (b) The following activities aze exempt from the requirements of this section: (1) Agricultural land-disturbing activities; or (2) Timber harvesting activities; or (3) Construction activities associated with asingle-family residential dwelling disturbing less than five acres, when the dwelling is not part of a lazger common plan of development or sale; or (4) Asingle-family residential strip development where the developer offers for sale or lease without land improvements and the project is not part of a larger common plan of development of sale; or (5) Individual building lots within a lazger permitted project. (Ord. D-1794-06, 2-6-06) § 6-204 BMP Maintenance. (a) BMPs shall be maintained in a condition that their effectiveness in treating S runoff is not diminished, in accordance with the operation and maintenance procedures ~., and schedules listed in the Indiana Stormwater Quality Manual or the City of Carmel Stormwater Technical Standazds_ Manual, and the terms and conditions of an approved stormwater management permit, and shall not be subsequently altered, revised, or replaced, except in accordance with the provisions of an approved stormwater management permit (as amended or revised) or as approved by the City of Carmel. The BMP owner is considered in violation of this Article if the BMP is not maintained properly. (b) Following the issuance of an NOT or the installation of an acceptable BMP, inspection and maintenance of the BMP(s) shall be the long-term responsibility of the HOA or entity as specified in restrictive covenants. The HOA or entity is required to inspect the referenced BMP(s) at least once per yeaz. The inspections shall follow the operation and maintenance procedures included in the City of Carmel Stormwater Technical Standards Manual and/or the stormwater management permit for each specific BMP. The inspection shall cover physical conditions, available water quality storage capacity, and the operational condition of key facility elements. The HOA or entity is required to submit a yeazly inspection report form (City of Carmel Stormwater Technical Standards Manual) demonstrating proof of inspection, with the first report to be required one year after the HOA or entity gains ownership of the BMP(s), and subsequent reports due each yeaz within the month of the original transfer of ownership. Noted deficiencies and corrective actions taken should be included in the report. ~,` (c) The City of Carmel has the authority to perform long-term inspection of all public or privately owned BMPs. Such inspections will be in addition to that required to be performed by the HOA or the entity on a regular basis. The HOA or entity is in violation of this Article if an inspection report is not submitted to the City of Carmel within one month of the date due, if the HOA or entity fails to correct noted deficiencies within the allowed time period, or if the City of Carmel identifies a violation that was stated as not existing in the submitted inspection report. (Ord. D-1794-06, 2-6-06) § 6-205 Notice of Violation. (a) In the event an entity has violated this Article, the City of Carmel may order compliance by written notice of violation to the entity. Such notice may require without limitation: (1) The performance of monitoring, analyzing, and reporting; (2) The elimination of illicit connections or illicit discharges; (3) That illicit discharges shall cease and desist; ~• (4) The abatement or remediation of the illicit dischazge and the restoration of any affected property; (5) Payment of a fine; • (6) The implementation of source control and/or installation of acceptable BMPs; (7) Payment of any costs borne by the City of Carmel, including but not limited to, remediation costs, legal fees, consultant fees, monitoring costs, construction costs, collection fees; (8) The installation, implementation, and/or maintenance of the approved components of a SWPPP or other erosion and sediment control practices as deemed necessary by the City of Carmel; (9) Issuance of a stop work order; and/or (10) Revocation or suspension of the stormwater management permit. (b) The City of Carmel may, without prior notice of violation, suspend storm drainage system or MS4 access to an entity in the form of a suspension order when such suspension is necessary to stop an actual or threatened illicit dischazge which presents or may present imminent and substantial danger. (c) The notice of violation or suspension order shall: • (1) Be in writing; (2) Include a description of the property for identification; (3) Include a statement of the violation(s) and section violated and why the notice or order is being issued; (4) Include a description of corrective actions to be taken allowing a sufficient reasonable amount of time, of at least one day from the time the notice of violation or suspension order is given, to make the repairs and improvements required to bring the property into compliance with the provisions of this Article; and (5) Include a notice containing the right to appeal the City of Cazmel's determination to the Boazd of Public Works in accordance with § 6-206. (d) Reinspection of remedied violations will be assessed a reinspection fee in accordance with the City of Carmel Department of Engineering fee ordinance. (e) If the entity fails to comply with a suspension order or fails to perform steps provided in a notice of violation within the established deadline, then the City of Carmel may take steps as deemed necessary to prevent or minimize damage or remediate a • violation. All reasonable costs associated with the abatement or restoration shall be ~, assessed against the owner of the property and may be filed as a lien against the property in the amount of the assessment. It shall be unlawful for any entity, owner, agent or person in possession of any premise to refuse to allow the City of Carmel or its designated contractor to enter upon the premise for the purposes set forth above. (f) In the event of a suspension, the City of Carmel shall not reinstate suspended services or MS4 access to the entity until the entity presents proof, satisfactory to the City of Carmel, the illicit dischazge has been eliminated and its cause determined and corrected. An entity violates this Article if the entity reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the City of Carmel. (g) In addition to the penalties listed above, if construction activities aze conducted contrary to the provisions of this Article or a stormwater management permit, the City of Carmel may order the work stopped by notice in writing; in the form of a stop work order, served on any entity engaged in the doing or causing of such work to be done, and any such entity shall forthwith stop such work until authorized by the City of Carmel to proceed with the work. (Ord. D-1794-06, 2-6-06) § 6-206 Appeal of Notice of Violation. ~• (a) Any entity receiving a notice of violation may appeal the determination of violation to the effect that a notice of violation or order served in accordance with this Article is in error, or should, due to hardship, be modified or entitled to a variance from enforcement, or that a reasonable extension of time for the compliance should be granted upon the grounds of a demonstrated case of hazdship and evidence of an actual undertaking to correct the violation, together with a legitimate intent to comply within a reasonable time period, may appeal to the Board of Public Works for rescission of the notice or order, or for a modification, variance, or extension of time for compliance. (b) A request for rescission, modification, variance, or extension of time shall be made in writing, to the City of Carmel Clerk/Treasurer's Office, to be placed on the Boazd of Public Works and Safety agenda, within ten days of the appellant's receipt of a copy of the notice or order. The Board of Public Works and Safety shall schedule a heazing within 30 days of receipt of the request. (c) All hearings before the Boazd of Public Works and Safety shall be open to the public. The appellant, the appellant's representative, and any persons whose interests aze affected shall be given an opportunity to be heard. (d) Prior to ruling on an appeal, the Board of Public Works and Safety shall make the following findings: ~• (1) The violator was served with a notice or order. (2) The notice or order that was served stated the specific nature of the violation; corrective action to be taken to abate the violation; and a specific time period for abatement of violation. (3) Within the time period stipulated by the notice or order, the violator failed to comply by not abating the violation, and/or not bringing into compliance with this Article. (4) Upon expiration of the date indicated for compliance in the notice or order, the premises was being maintained in violation of specific provisions of this Article and/or conditions imposed by Boazd of Public Works and Safety as a prerequisite to the modification of a previous compliance order. (5) Determination that a violation exists on the premises. (e) At the conclusion of the hearing at which a continuance is not granted, the Board of Public Works and Safety may reverse, affirm, or modify the order, notice, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as justice would require. The Boazd's determination and findings of fact shall be recorded and if a notice or order is affirmed or modified, the Board of Public Works and Safety shall, in the determination on appeal, reestablish a reasonable timeline to make the repairs and improvements required to bring • the dwelling unit or structure into compliance with the provisions of this Article. (f) Any entity, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. (g) Appeals of notices and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the Boazd of Public Works and Safety hears rules on the appeal. (Ord. D-1794-06, 2-6-06) § 6-207 Transfer of Ownership. No owner of any premise upon whom a notice of violation has been served shall sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the notice of violation have been complied with, or until such owner first furnishes the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the City of Carmel and furnishes to the City of Carmel a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice of violation and fully accepting the responsibility without condition for making corrections or repairs required by such notice of violation. (Ord. D-1794-06, 2-6-06) • § 6-208 Penalties for Violations. • Violations of this Article aze subject to civil fines and penalties as prescribed by the provisions of the City of Carmel Code of Ordinances, § 1-1 I. (Ord. D-1744-06, 2-6-06) § 6-209 Full Force and Effect. This Article shall be in full force and effect from and after its passage, signing by the Mayor and publication as required by law. (Ord. D-1794-06, 2-6-06) § 6-210 through 6-219 Reserved for Future Use. ~• BLANK N.O.I. AND N.O.T. FOR STATE NPDES GENERAL PERMIT i• • LOV'E'S OF CARMEL, INDIANA SECLION 800 REVISED: 2/12/09 Page 52 of 99 Rn. Type of Submittal (Check Appropriate Boz): RULE 5 -NOTICE OF INTENT (NOI) ^ InRial ^ Amendment ^ Renewal State Forrn 47497 (RS / f 405) PennR Number ~• -,y Indiana Department of Environmental Management Office of Water Quality (Note: The initial submittal does not require a permit number, the Department will Approved by State Board of Accounts, 2005 assign a number. A permit number is required when filing an amendment, I in for renewal, or come ondence related to this ermit . Note: Submission of this Notice of Intent letter constitutes notice that the project site owner is applying for coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit Rule for Storm Water Discharges Associated with Construction Activity. Permitted project site owners are required to comply with all terms and conditions of the General Permit Rule 327/AC 1 S5 (Rule 5). { I Project Name: County: Briet Description o(Project Location: Project Location: Describe location in Latitude and Longitude (Degrees, Minutes, and Secontls or Decimal representation) and by legal descdpfion (Section, Township, and Range, Civil Township) Latitude: Longitude: Quarter. Section: Township: Range: Civil Township: Does ^ all or ^ part of this project lie within the jurisdiMional boundaries of a Municipal Separate Storm Sewer System (M54) as defined in 327 IAC 15-13? ^ Yes ^ No It yes, name the MSa(s): Company Name (IfApplirable): Project Site Owner's Name: (An Individual) Tttle/Posttion: Address: City: State: ZIP Code: Phone: FAX: E-Mail Address: (IfAvailable) Ownership Status (check one): Govemmental Agency: ^ Federal ^ State ^ Locel Non-Govemmental: ^ Public ^ Pdvate ^ Other. (Explain) Contact Person: Company Name: (If Applicable) Affdiatton to Projec[ Site Owner. Address: (il different from above) city: state: ZIP code: Phone: FAX: E-Mail Address: (IfAvailable) Project Description: ^ Residential-Single Family ^Resictential-Ming-Family ^ Commerdal ^ Industrial ^ Other. (Explain) Name of Receiving Water: (Note: If applicable, name of municipal operator o/storm sewer and the ultimate receiving water. If a retention pond is present on the pmperfy, the name of the nearest possible receiving wafer receiving discharge must be provided). Project Acreage Total A«eage: Proposed Land Disturbance: (in acres) Total Impervious Surtace Area: (in square feet, estimated for completed project) • Project Duration Estimated Start Date: Estimated End Date for all Land Disturbing Activity. (Continued on Reverse Side) '... i, ~• By si0nin0 this Notice of Intent letter I certify the following: ' ~. The storm water quality measures inducted in the Construction Plan comply with the requirements of 327 IAG 15-56.5, 327 fAC t5-5-7, and 327 IAC 15- 5-7.5; B. the stone water pollution prevention plan complies with all applicable federal, state, and local stone water requirements; C. the measures required under 327 IAC 75-5-7 and 327 IAC 15-5-7.5 will be implemented in accordance with the stone water pollution prevention plan; D. if the projected land disturbance is One (1) acre or more, the applicable Soil and Water Conservafion Distdd or other entity designated by the Department, has been sent a copy of the Construction Plan for review; E. storm water quality measures beyond those spedfed in the stone water pollution prevention plan will be implemented during the Ide of the permit if necessary to comply with 327 IAC 15-5-7; and F. implementation of storm water quality measures will be inspected by trained individuals. In addition to this form, I have endosed the following requiretl information: ^ Verification by the reviewing agency of acceptance of the ConsWdion Plan. ^ Proof of publication in a newspaper of general dreufa0on in the affected area that notified the puhlic that a consWCfion activity is to commence, inducting all required elements contained in 327 IAC 15-5-5 (g)- The Proof of Publication Must indude company name and address, project name, addressllocation of the project, and the receiving sUeam to which storm water will be discharged. Following is a sample Proof of Publication: '~CERT Development Inc. (10 Willow Lane, Indianapolis, Intliana 46206) is submitting a Notice of Intent to the Indiana Department of Environmental Management of our intent fo comply with the requirements of 3271AC f rr5 to discharge storm water from wnshudion activities associated with Water Garden Estates located of 24 Washout Cane, Indianapolis, Indiana 46206. Runoff /rom the pro%ed site will discharge to the White River Questions or comments regarding this project should be directed to Walter Water ofXERT Development Inc." ^ $100 check or money order payable to the Indiana Department of Environmental Management. A permit fee is required for all NOI submittals (initial and renewal). A fee is not required for amendments. By signing this Notice of Intent letter, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qual'~ied personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and wmplete. I am aware that there are significant penalties for submitting false intormalion or violating the provisions of 327 IAC 15-5, inclutling the possibility of fee and imprisonment for knowing violations. 'rtnted Name of Project Owner: Signature of Project Owner: Date: This Notice of Intent must be signed by an individual meeting the signatory requirements in 3271AC 75dJ(gl• All NOI submittals must include an original signature (FAX and photo copies are not acceptable). Note: Within 48 hours of the initiation of construction activity, the project site owner must notify the appropriate plan review agency and IDEM, Office of Wafer Quality of the actual project start date if it varies from the date provided above. Note: A permit issued under 3271AC 1S5 is granted by the commissioner for a period of five (5) years from the date coverage commences. Once the five (5) year permit term duration is reached; a general permit issued under this mle will be considered expired, and as necessary Poi construction activity continuation, a new Notice of Intent letter (Renewal) is required to be submitted ninety (90) days prior to the termination of coverage. The submittal must indude the NOI Letter, Proof of Publication, Fee, and verification that the plan for the project was approved (original verification of plan approval is acceptable provided the scope of the project has not changed fmm the original submittal). Mail this form to: Indiana Department of Environmental Management Cashiers Office -Mail Code 50-10C 100 North Senate Avenue Indianapolis., IN 46204-2251 ' 327 IAC 75-6.6 (a) also requires a copy of the completed Notice of Intent letter be submitted to the local Soil and Water Conserva0on District or other entity designated by the Department, where the land disturbing activity Is to occur. Questions regarding the development or implementation of the Construction Plan/Storm Water Pollution Prevention Plan should be directed to the local county Soil and Water Conservation District (SWCD). If you are unable to reach the SWCD or have other questions please direct those inquiries to the IDEM Rule 5 Coordinator at 317/233-1864 or 600/451-6027 exl.3-1864. For information and forms visithtto7N+ww in cov(dem/oertnits/water/wastewater/wetwthdstorm/rule5.html .,.,. _ RULES- Notice of Termination (NOT) .: S ! • Storm Water Runoff Assocated with Construction Activity '•'• NPDES General Permit Rule 327 IAC 15-5 (Rule 5) State Forth 51514 (R / i-04) INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT • NOTE: This Notice of Termination must be signed by an ind'nndual meeting the signatory requirements in 327 IAC 15~-3(g). • Please submit the completed Notice of Termination tone to the SWCD, DNR-DSC, or other Entity Designated by the Department as the reviewing agency. The request for termination will be reviewed for concurrence and either returned l0 the Project Site Owner or forwarded to the IDEM. Submission of this Notice of Termination letter constitutes notice to the Commissioner that the project site owner is applying for Termination of Coverage under the National Pollutant Dischazge Elimination System (NPDES) General Permit Rule for Storm Water Dischazges Associated with Construction Activity. Project Name and Location: Permit Number: Project Name: Company Name (If Applicable): Project Site Owner's Name (An Individual): Address: City: State: Phone: FAX: Zip: County: E-Mail Address (If Available): This Notice of Termination is Being Submitted for the Following: Select one of the three Options that apply to Permit Termination by checking the appropriate box, complete all information associated with that option, and complete the "Project Site Owner Responsibility Statement': Ootioo # 1 ^ Certification for Change of Ownership: (Does not Appiy to the Sale of Individual lots within the Permitted Acreage; only the Sale of the Entire Project Site as Originally Permitted) By Signing this Notice of Termination, I Cer[ify the Following: A. The project was sold; I am no longer the project site owner as was designated in my Notice of Intent. owner of the project site is: Company Name (If Applicable): Project Site Owner's Name (An Individual): Address: City: Phone: State: For questions regarding this form, contact: IDEM -Rule 5 Coortlinator 100 NoM Senate Avenue, Rm 7255 P.O. Box 6015 Indianapolis, IN 46206-6015 Phone: (317)233-1864 or (600) 451-6027, ext. 31864 (within Intluna) Web Access: htto// /d / I od I ertn'ta/wetwihr/nornJ~uleS hurl Zip: FAX: E-Mail Address (If Available): B. I have notified the new Project Site Owner of his/her responsibilities to comply with 327 IAC IS-5 and the requirements associated with the rule including filing a new Notice of Intent. The new l~ ~' \• • Option # 2 ^ Certification for Termination of Construction Activities: gy c:,.,,;,,o rh;c Nnt;re of Termination. i Certify the Following: A. All land disturbing activities, including construction on all bmlding lots have been completed and the entire site has been stabilized; B. No future land disturbing activities will occur on this project site; C. all temporary erosion and sediment control measures have been removed; and D. a copy of this notice has been sent to the appropriate SWCD or other designated entity. Option # 3 ^ Notice of Termination to Obtain Early Release from Compliance with 327 IAC 15-5 By Signing this Notice of Termination, I Certify the Following: A. The remaining, undeveloped acreage does not exceed five (5) acres, with contiguous areas not to exceed one (1) acre. B. A map of the project site, clearly identifying all remaining undeveloped lots, is attached to this letter. The map must be accompanied by a list of names and addresses of individual lot owners or individual lot operators of all undeveloped lots. C. All public and common improvements, including infrastructure, have been completed and pemsanently stabilized and have been transferred to the appropriate local entity. D. The remaining acreage does not pose a significant threat to the integrity of the infrastructure, adjacent properties, or water quality. E. All permanent storm water quality measures have been implemented and are-operational. Upon Written Notifica8oo of the Department the Project Site Owner Certifies that he/she will Notify: A. All curent individual lot owners and all subsequent individual lot owners of the remaining undeveloped acreage and acreage with constmction activity that they are responsible for complying with section 7.5 of 327 IAC 15-5 (the remaining individual lot owners do not need to submit a Notice ojlntent letter or Notice of Termination letter); and B. the individual lot owners of the requirements to instal] and maintain appropriate measures to prevent sediment from leaving the individual building lot and maintain all erosion and sediment control measures that are to remain on-site as part of the construction plan. Project Site Owner Responsibility Statement: By signing this Notice of Termination letter, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision m accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, tme, accurate, and complete. I am aware that there aze significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Printed Name of Project Site Owner: Signature of Project Site Owner: - Date: This Notice of Termination must be signed by an individual meeting [he signatory requirements in 327 IAC 15-43(g). Please submit the completed Notice of Termination form to the SWCD, DNR-DSC, or other Entity Designated by the Department as the reviewing agency. The request for termination will be reviewed for concurrence and either returned to [he Project Site Owuer or forwarded to the IDEM. For Agency Use Only ^ Accepted: The site referenced above bas been inspected and it has been determined that the request to terminate this project is compliant with the requirements of 327 IAC IS-S8. This form will be forwarded to the IDEM for final approval. Upon written notification by the IDEM, the Project Site Owner's termination for coverage under 327 IAC 15-5 shall be considered approved. ^ Denied: The site referenced above has been inspected and it has been determined that the request to terminate this project is NOT compliant with the requirements of 327 IAC 15-5-8. Continue to implement the Stormwater Pollution Prevention Plan and take appropriate measures to minimize the discharge of pollutants. Signature Printed Name Agency Date • STORM WATER POLLUTION PREVENTION PLAN SIGNATORY AUTHORIZATION DESIGNATION FORM A-I Construction Site Lowe's Home Center, 14598 Lowe's Way, City of Carmel, Hamilton County, Indiana STORMWATER POLLUTION PREVENTION PLAN DATED MARCH 2009 LOWE'S OF CARMEL, INDIANA "In accordance with the NPDES Genera/ Permit for Storm Water Discharges from Construction Activities, Appendix G, 11 (Signatory Requirements), Lowe's Construction Manager or Engineering Manager is hereby duly authorized to sign on my behalf, all reports and certifications that are required under the Permit and as part of this Storm Water Pollution Prevention Plan. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the persons or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to [he best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including fines and imprisonment for knowing violations." Signed: ~~ Printed Name: Lavne Adams Title: VP RetailFacilities Manap_ement Company Name: Lowe's Home Centers, Inc. Address: 1605 Curtis Bridee Road Wilkesboro, NC 28697 Telephone Number: (33 61 65 8-40 54 Date: ~(o~0y Note: Multiple designation forms may be required (i.e., one from the Operator and one from the Contractor). ~_: i:,; LOWE'S OF CARMEL, LYDIANA SECTION 800 REVISED: 2/12/09 Page 53 of 99 • STORM WATER POLLUTION PREVENTION PLAN CONTRACTOR'S CERTIFICATION _ FORM B-1 Construction Site Lowe's Home Center, 14598 Lowe's Way, City of Carmel, Hamilton County, Indiana STORM WATER POLLUTION PREVENTION PROGRAM DATED MARCH 2009 LOWE'S OF CARMEL, INDIANA CONTRACTOR'S CERTIFICATION: "I certify under penalty of law that I understand the terms and conditions of the Nmional Pollutant Discharge Elimination System (NPDES) General Permit jor Storm Water Discharges from Construction Activities that authorizes [he storm water discharges associated with industrial activity from the construction site identified as part of this certification. Furthey by my signature, I understand that I am fully responsible, along with all other contractors and subconVactors signing such certifications who are performing work activities under [his contract, to comply with all provisions and requirements of the NPDES Genera! Permit jor Storm Watet Discharges from Construcion Activities and this Storm Water Pollution Prevention Plan. I understand that I, and my company, are legally required under the CWA, to ensure compliance with the terms and conditions of NPDES Stormwater Permi! and Storm Water Polluton Prevention Plan (SWPPP) developed under the NPDES s[ormwater permit I further certify that I and my company will provide all necessary training and continuing education to all applicable personnel and subconVaclors to ensure a complete understanding of all provisions and requirements of the NPDES General Permit for Storm Water Discharges from Construcion Activities and this Storm Water Pollution Prevention Plan prior to each of these entities beginning any work activities on this site." "I certify under penalty of law that I will coordinate, either through the Owner or directly with the SubconVactor(s) identified in [he Pollution Prevention Plan having responsibility for implementing storm water measures [o minimize any impact my actions %• may have on the effectiveness of these storm water control measures." Name: Signature: Title: Company Name: _ Address: Telephone Number: Date: Scope of Services: Date: Received by: [Name] Where Contractor is also identified as an Operator it shall file a separate NOI and complete certification as Operator on Page 2 of this document. This form must be signed by a responsible corporate officer of the Contractor or other party meeting the "Signatory Requirements" in Appendix G, Il of the Federal NPDES !. Permit or other applicable state permit. LOWE'S OF CARMEL, INDIANA SECTION Sntl REVISED: 2J12Po9 Page 54 of 99 • STORM WATER POLLUTION PREVENTION PLAN SUBCONTRACTOR'S CERTIFICATION FORM B-2 Construction Site Lowe's Home Center, 14598 Lowe's Way, City of Carmel, Hamilton County, Indiana STORM WATER POLLUTION PREVENTION PROGRAM DATED MARCH 2009 LOWE'S OF CARMEL, INDIANA SUBCONTRACTOR'S CERTIFICATION: "I certify under penalTy of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) General Permit jor Storm Water Discharges from Construction Adivikes that authorizes the storm water discharges associated with industrial activity from [he construction site identified as part of this certification. Further, by my signature, I understand. [hat I am fully responsible, along with all other contractors and subcontractors signing such certifications who are performing work activities under this contract, to comply with all provisions and requirements of the NPDES Genera! Permit jor Storm Water Discharges from Consfrudion Activities and this Storm Water Pollution Prevention Plan. I understand that I, and my company, aze legally required under the CWA, to ensure compliance with the terms and conditions of NPDES Stormwruer Permit and Storm Water Pollation Prevention Plan (SWPPP) developed under the NPDES storm water permit as i[ pertains to the scope of my services." `I certify under penalty of law that I will coordinate, either through the Contractor, Owney or drrectly, with [he Contractor(s) and/or Subcontractor(s) identified in the Pollution Prevention Plan having responsibility for implementing storm water measures to minimize any impact my actions may have on the effectiveness of these storm water control measures.' ~• Name: (Print) Signature: Title: Company Name: Address: Telephone Number: Date: Scope of Services: Date: Received by: [Name] This form must be signed by a responsible corporate officer of the Subcontractor or other party meeting the "Signatory Requirements" in Appendix G, 11. of the Federal NPDES Permit or other applicable state permit. LOWE'S OF CARMEL, INDIANA SECPION 800 REVISED: LI2I09 Page 55 of 99 ~' STORM WATER POLLUTION PREVENTION PLAN INSPECTION REPORT (Page 1 of 4) FORM C-1 Lowe's Home Center 14598 Lowe's Way, City of Carmel, Hamilton County, Indiana LOWE'S OF CARMEL, INDIANA Ins ections must be erformed and re ort com leted er Section 801-I of the SWPPP ~• '~'~"~General~Informatton ~~"~ ' ti~ ~~- - ~ ~ r~ 't; Date of inspection: ~ ~ rk~ Type of Inspection: ^ Routine ^ Pre Storm Event (Where Requued) ^ Post Storm Weather at time of this inspection? ^ Clear ^Cloudy ^ Rain ^ Sleet ^ Fog ^ Snowing ^ High Winds ^ Other: Temperature: Has there been a rain event since last inspection? ^Yes ^No Storm Start Date: Storm Duration: Total Amount of Precipitation (in): (Total represents all accumulated since last inspection) Has there been a rain event in the last 24 hours? ^Yes ^No Amount of Precipitation (in): (Amount represents all within the last 24 hours only and corresponding to amount recorded on Form H-1 Rain Log) Have any stormwater discharges occurred since the last inspection? ^Yes ONo If yes, describe: Are there any discharges at the time of inspection? ^Yes ^No If yes, describe: "I certify under penalty of perjury that I personally conducted this inspection and I personally prepared this inspection summary report noting the deficiencies in BMPs and the corrective actions taken. I certify that the information in this report is true, accurate, and complete. [ am awaze that there are significant penalties for submitting false information, including fines and imprisonment for knowing violations" Name of Inspector: Title of Inspector: Qualifications of Inspector: Lowe's Certificate #1: Inspector's Signature: *Note: Based on the results of the inspection, necessary control modifications shall be initiated within 24 hours and completed within 48 hours. These reports shall be kept on file as part of the Storm Water Pollution Prevention Plan for at least five (5) years from the date of completion and submission of the Final Stabiliration Certification/Cermination Checklist and Notice of Termination. A copv of the SWPPP shall be kept at the site at all times during construction. LOWE'S OF CARMEC, INDIANA SECTION 800 REVISED: 2/12/09 Page 56 0(99 (. i• (. lC~re-cnecit"ic RMPc T.ist all structural and non structural BMPs ]dentified m section 812 5 of the SWPPP.] ~ : BMp ~ " ~' ~ ~. Conshvction EntranceBxit B '"~` ~~ Installed ~ ,r. . , ^Yes ^No t ~BMP. ~`'~~ ~ M Hance .R nlred?ax s ^Yes ^No "C~orrectrv'tlon~Neededand~N~.s ~ : a~ f~ ~ ~ ~ ~" -~~. , C~~~ehon Date 4' P t .~ ~ . Inlet Protection ^Yes ^No ^Yes ^No Silt Dike ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ONo ^Yes ^No ^Yes ^No ^Yes ONo ^Yes ^No ^Yes ^No ^Yes ^No I ^Yes ^No ^Yes ONo ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ONo ^Yes ^No ^Yes ^No OYes ^No ^Yes ^No ^Yes ^No ^Yes ^No -- ^Yes ^No -- ^Yes ^No LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 57 of 99 t ~an S~feSJ 'flv e11 sSat~s'"f ca k ry~~ enan~ Mamt Need ~N ~~ G ttv'e n eh ~~ e ~ ~ ~ ~Tnspectron Areas ~ s ~ ~ ' ~ ~ -~~ ~ ~- ~ 3 ~ ~Begmred -~ ~ ~ ~ ~ ~._ , ~ ~ ~. ~ ~ ` 4 § R ~dCa~ F ~ ' ~~ ~ _ C mpl D 1e _ " [: yu ~F~ 't~~. ~~.~ ~-' ~ _~ s - w~ .~IURI'.. ~f i. a 3-~-,.. ruia . ~. , .g. Mtl~ ~~~;x.z< .°+~ ~2. ~.'y w rva~. ~.. '_ . r . Are Construction Activities ^Yes ^No ^Yes ^No If answer is no complete modification in sequence with the report (D-1) and update SITE MAP to "Sequence of Construction assure documentation is complete. Activities"? Are all disturbed azeas not ^Yes ^No ^Yes ^No actively being worked, ro erly stabilized? Are natural resource areas ^Yes ^No ^Yes ^No (e.g., streams, wetlands, trees, etc.) protected with fencing or similaz BMPs? Are perimeter control ^Yes ^No ^Yes ^No measures adequately installed? Are dischazge points and ^Yes ^No ^Yes ^No receiving waters free of sediment de osits? Is the construction exit ^Yes ^No ^Yes ^No adequate to prevent sediment from bein tracked off-site? Are storm inlets adequately ^Yes ^No ^Yes ONo rotected? Is trash/construction debris ^Yes ^No ^Yes ^No collected and placed in dum sters? Concrete waste/Saw ^Yes ^No ^Yes ^No Cut/Mortar is properly managed and washout is properly constructed, maintained and mazked? Are all materials that aze ^Yes ^No ^Yes ^No potential stormwater contaminants properly stored and contained? Are all petro]eum products ^Yes ^No ^Yes ^No properly stored and - contained? ~ _ , Sanitary facilities aze ^Yes ONo ^Yes ^No adequate and aze properly contained? Posting at site entrance and ^Yes ^No ^Yes ^No in job trailer is complete? ~~ LOWE'S OF CAan~41NDIaNA SECTION S00 REVLSED: LI2l09 Page SS of 99 1• Additional Notes/Comments: CHECK AND SIGN ONLY IF THIS IS TRUE: There were NO incidents ofnon-compliance noted during the inspection. The facility is in compliance with the SWPPP and the Storm Water General Permit. ^Yes "I certify that, based on no incidents ofnon-compliance identified during the inspection, the site is in compliance with the SWPPP and the Construction General Permit" (Signature meting Appendix G, 11 Signatory Requirements or reference State General Permit applicable section). Lower Project Manger: Second Operator: • ~ *Note: The Compliance CertiTication above is only to be signed by Lowe's Duly Authorized Representative (Project Manager) when there are no "unsatisfactory° conditions and the construction phasing/sequencing is consistent with the SWPPP, rendering the site in full compliance with the SWPPP and the Construction General Permit. "I certify under penalty of ]aw that this document and all attachments were prepazed under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and eva]uated the information submitted. Based on my inquiry of the persons or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there aze significant penalties for submitting false information, including fines and imprisonment for knowing violations." Lower Project Manger: ~• Other Operator (Owner or LOWE'S OF CARMEG INDIANA SECTION 800 REVISED: LI2/09 Page 59 of 99 STORM WATER POLLUTION PREVENTION PLAN LOWES CONSTRUCTION MANAGER MONTHLY INSPECTION REPORT (Page 1 of 4) FORM C-IA Lowe's Home Center 14598 Lowe's Way, City of Carmel, Hamilton County, Indiana LOWE'S OF CARMEL, INDIANA Monthly inspection is to be conducted by the Lowe's Construction Manager in addition to o..ti..r incnertinna dearrihed in Rertinn R01.1 ~•. ~ ° ~:,•` ~, , Geueral~InforlnaUon ,~~~.r ~ ~ t~~. - z°~~. '' .4 Phase 1 ^ Phase 2 ^ Date of inspection: Phase of constructions Phase 3 ^ Phase 4 ^ Describe site work observed: Lowe's Construction Manager Performing Inspection(Name): Qualifications: Name of Contractor's Qualified Inspector: Weather at time of this inspection? ^ Clear ^Cloudy ^ Rain ^ Sleet ^ Fog ^ Snowing ^ High Winds ^ Other: Temperature: Have any discharges occurred since the last inspection? ^Yes ^No If yes, describe: Are there any discharges at the time of inspection? ^Yes ^No If yes, describe: Site-s ecitic BMPs List all structural and non-structural BMPs identified in section 812.5 of the SWPPP.J i• ~BMP ,~~` BMP - ~" BMP~ '~~s,J,~~~~~ ~ ~` ~ectrve Action Needed and Notes s ~ c 'a~'.^ Ew+,~~ r'~ ~¢ ~+"'~ ~~.a's.i'.~i",a~, t~e~.q.. ~~ Installed ~.~u'ha~~n ~,zl,: F 1Vlamtenance"~ 'Re mred7 ~. l ,'ah~=°,`~~ a `'~ K _ £ t^~$~ "~ b ~_ t ~ ~~ :. '... ` ~ r~~34 ~:• ~~.',~--~„~~v OYes ^No ^Yes ^No Construction Entrance/Exi[ - ^Yes ^No ^Yes ONo Inlet Protection ^Yes ^No ^Yes ONo Silt Dike ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ONo ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No LOWE'S OF CARhIEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 60 of 99 t • i• BMP ,P,~° ~`~` xy~ -~ ~ ~~ ,~ N^rs ~ 3 ca x~ r-_ ~ a ~d-~ BMP 3 ~ ,Installed~t ~~ 'a~M~s, .~ „ ~ ~ _~n BMP~ ~. '; ~ Maintenance' ~ -= ~ ,°+ Re cored a~ , Corrective Action Needed and Notes ~ ~ '" € ~~ ~~A ~_ ~'~ ~~ ~~, ~^ z -~#~S~ar +Y~; 1,~" xa hasrs~.,f_. ~,m .~. _ ~ .. ~. ~ . ~"S,'. .....m. „ OYes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes qNo ^Yes ^No OYes ^No ^Yes ONo ^Yes ONo ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ^No ^Yes ONo ^Yes ONo t)veral Sussues ~ Sa fa'c£o"'. a~il tenanee~ M Goir"' eclty clioa~,Neeil'e" and~Note ~€':, 'b ~ ~ ~ Ra uue ~ v` Are Construction Activities in ^Yes ^No , ^Yes ^No AIf answer is no, review modification report (D-1) and sequence with the "Sequence of SITE MAP to assure documentation is complete. Construction Activities"? Are all disturbed areas not ^Yes ^No ^Yes ^No actively being worked, properly stabilized? Are natural resource areas (e.g., ^Yes ONo ^Yes ^No streams, wetlands, trees, etc.) protected with fencing or similaz BMPs? Are perimeter control measures ^Yes ^No ^Yes ONo adequately installed? Are dischazge points and ^Yes ONo ^Yes ONo receiving waters free of sediment de osits? Is the conshvction exit adequate ^Yes ^No ^Yes ^No to prevent sediment from being tracked off-site? Are storm inlets adequately ^Yes ^No ^Yes ^No rotected? Is trash/construction debris ^Yes ^No ^Yes ^No collected and placed in dumpsters? . I,OWE'S OF CARMEL, INDIANA SECTION 800 REVISED: Yl2/09 Page 61 or 99 ,- _. '. ~ Concrete waste/Saw CuUMortar ^Yes ^No ^Yes ^No is properly managed and washout is properly constructed, maintained and marked? Are all materials that are ^Yes ^No ^Yes ^No potential stormwater contaminants properly stored and Are all petroleum products ^Yes UNo UYes uNo ro erly stored and contained? Sanitary facilities aze adequate ^Yes ^No ^Yes ^No and are ro erly contained? Posting at site entrance and in ^Yes ^No ^Yes ^No iob trailer is comDlete7 __ E~ SWPPP~gd er~Rex2ew;s~" ~ a`~siaclo, ,? rvrreetrve/~chonNeeded- „{i°)iliite~ '"~ ~• ~~ signed and certified SWPPP is ^Yes ^No by all o erators? Copies of Notice(s) of Intent are ^Yes ^No rovided in the SWPPP? Copies of Notice(s) of Coverage ^Yes ^No are rovided in the SWPPP Copy of current general permit is ^Yes ^No included in the SWPPP? Signatory Authorization (Form ^Yes ^No A-I) is provided for all o erators? General Contractor Certification ^Yes ^No (Form B-1) is provided? Subcontractor Certifications ^Yes ^No (Form B-2) are com lete? Inspections are being conducted ^Yes ^No at the required frequency and all reports aze complete Is Rainfall Log (Form H-1) OYes ^No complete and consistent with all ins ection re orts? Stabilization Schedule (Form C- ^Yes ^No 2) is com lete? Implementation Schedule (Form ^Yes ^No C-3) is com lete? Have Modification Reports ^Yes ^No (Form D-1) been completed for all site modifications? Site Map is complete and up-to- ^Yes ^No date? Subcontractor Training is being ^Yes ^No conducted at the required frequency? LOWE'S OF CARhiEL, INDIANA SECrION 8011 REVISED: 2/12/09 Page 62 or 99 '!. Additional Notes/Commenu: "1 certify under penalty of law that this document and all attachments were prepazed under my dvection or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated tt;e information submitted. Based on my inquiry of the persons or persons who manage the system, or those persons ~~ directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including fines and imprisonment for knowing violations." Lowes Project Manger: ~~ *Note: This Compliance Certification.is only to be signed by Lowe's Duty Authorized Representative (Project Manager) when Lowe's is an Operator. Qualified Infector I have reviewed this document and understand that all deficiencies must be corrected within 48 hours of this inspection. I will conduct a compliance inspection within 48 hours of this report to ensure that all deficiencies have been corrected. (Note: The compliance inspection should be documented on Form C-1 and must be sent to Lowe's Construction Manger for review) Qualified Inspector's c:,...~~,.P~ Date: LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2!12/09 Page 63 of 99 ~~ ~ STORM WATER POLLUI,.:.t•REVENTION PLAN Stabilization Schedule for Major Grading Activities FORM C-2 T nwe'c of Carmel TnAiana ~_ Note When an y achvlGes cease a nd resume [hose co lumns need to s "=,~ , . ~ ~ + `i ~ tie void ~P, r leted .. „^a'`~ "' +' ~ {I1 ! ;., s.. ~xyr ' ~` :', s ~ i. , n v ~ ~4~ ~ ~ ~ . ",When cease for Or when cease ' ~'~ '~ ~ ,~ t 1 ~ ~~ in- ~' ..y .,, ~ ~„~, fl ~~ i,'~€~2^ 9~" ~ ~~~ , ,•''~Wn. H .,,~'~ , ~ iphjr~~ d , i r'~3i `~ ~,`jihmore theo`341~ ` yp for more than ~ o v ~~, TYPe oP Stebihzat~oq~~,..> s u ~` , 3 I~iw~,! a n= :sd ~I, p bl R ni , d'p''d;f ~uMalar,.Sitei4 ,'°, 1i I ip lc l i ~.~,, i.i-.Regm~`s, r. D t t~ a ° ~~ g, ia;ompletloa D h~' ;ty Temporary ~ ICeese Pale .: ;Resume Aak~ ~'a' '~`~~"~r ` I dayq pra3lde ~ i~ for F ~lkgin,Date ~,~ 14 days+,~, ; prnvlde „ eh ea stone, ~I (4lstmeasures u ed a Nseeding mulch lsndscapm6 etc ) ee ~ ~~Contractor o e~ ~, ~,~or,Woek a ~,:~ ~-~ ; t v tyi Cons[ruct n . Faa^s~q,~j~i~`s`Areas~.TR'~ € rt ~e ~ ~ e , u r ~r ? r a ^ Q a S~~,rn R.e97s. ~ !r°"T ' ~ ., ,~ '"'~ i ~ , 15teb~tlzatlou e~ ~ y Begin Date for St blli ti ~ ~ ill,, ~ ,~~ ~:y h ~u d ~~` `` ~ ~ ~,~, ~ ~„rar ~ I i n ~,~5~ F~ yn i y t~'vp r il,~ , ~ ~ ~ ¢ C. ~, v ~ s., . opt= J Yom' s ~ ~ J i r ~ i I ?c ~ H~~''u ~ ° ' '. 3Temporaryp~,1. t q p ~ ~ ~'~ s 2a aa e a ` ' , t. ~. ~ n+, a~+ _ .~. '~ rt ~ s,,; n ~ ~,.i h. k ^y ,-'+N~, t ,A~ .~ ~,im. I»1L 'i.d ~ ~., " ~`' ~ aN ' . 5_yy~r, ' ~. ~i ,o. P rm nent- , G, .,L , i Const. Entrance Sediment Control - Inle[ Protection Building Pad Area Parking Area Pervious Areas LOWE'S OF CARMEL, INDIANA SECTION S00 REVISED: 2/12/09 Page 64 of 99 STORM WATER POLLUTION PREVENTION PLAN • IMPLEMENTATION SCHEDULE FORM C-3 Lowe's Home Center 14598 Lowe's Way, City of Carmel, Hamilton County, Indiana LOWE'S OF CARMEL, INDIANA *To be completed prior to initiation of construction by the contractor. The Contractor will be responsible for implementing all Erosion and Sediment Control and Storm Water Management control structures. The Contractor may designate these tasks to certain subcontractors as they see fit, but the ultimate responsibility for implementing these controls and ensuring their proper functioning remains with the Contractor. Refer to Section 814.B for S uence of Ma'or Construction Activities 't. F ~~ ~Proposed ` *Pr` osed Actual tnal v Ac or Responsible for ~ Contract ~ i a s w a ~- Construction Actrv~ ry~ " a ~ rImhat~onl p Com lehon r Inrt~at~onu° p Com lehon p ~ Im lementanon- ~~,,-. f ~ - ~ " ~ ~ 1 s° Date :Date ~~Date, Date ~~ , ~~.° ,,,, „ ,. , ,i,. . ~4 c t~ ~ ,- . . ~ _ . . pre-construction meeting shall be held by the Lowe's A Project Manager and the Operator's Engineer prior to ]and disturbin activities. Install perimeter protection measures in the locations shown on the SWPPP lan sheet. Install inlet protection at the locations of all grate inlets and curb inlets shown on [he SWPPP plan sheet. Inspection by Lowe's Construction Manager, En 'neerin Mana er or Desi En ~neer. BMP inspections, maintenance, record keeping and site posting shall continue until Final Stabilization. Commence site demolition. Implement temporary or permanent stabilization for all azeas of the site where grading activity has ceased for more than 14 da s. Construct all curb and gutter, and modifications to existing storm drainage frames, as shown on the plans. Inlet protection may be removed temporarily for Ibis construction. Replace any removed inlet rotec[ion at the end of each day. Complete final grading and seeding, planting and mulchin stabilization. Ins ed and clean storm drama e s stem. Remove perimeter protection measures (sediment fencing) only after all paving is complete and all ex osed surfaces are stabilized. Remove inlet protections upon completion of avement construction. LOWE'S OF CARMEL, INDIANA SECCION 800 REVISED: 2/12/!19 Page 65 of 99 STORM WATER POLLUTION PREVENTION PLAN FORM D-I MODIFICATION LOG CHANGES REQUIRED FOR STORM WATER POLLUTION PREVENTION PLAN 4. i• The SWPPP must be amended whenever there is a change in design, construction, operation, or maintenance at the. construction site that has a significant effect on the dischazge of pollutants to the Waters of the United States that has not been previously addressed in the SWPPP, if inspections or investigafions by site staff; local, state or federal officials determine that discharges are causing water quality exceedances or the SWPPP is ineffective in eliminating or significantly minimizing pollutants in storm water discharges from the construction site, or based on the results of an inspection, or there is a release containing a Hazardous Substance or Oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part IlQ 40 CFR Part 117, or 40 CFR Part 302, Required modifications to the SWPPP include additional or modified BMPs designed to corcect identified problems. Modifications that are the result of inspections shall be initialed within 24 hours and completed within 48 hours. All modifications are to be referenced on both Form D-1 and on Site Map. MODiFiCATiON LOG LOWE'S OF CARMEL, INDIANA MODIFICATION DATE BRIEF DESCRIPTION I MANAGERREVIEW NiTMRFR* Loa Number to corcesoond Form Number LOWE'S OF CARMEL, INDIANA SECTION B00 REVISED: 2/12/09 Page 66 of 99 I • STORM WATER POLLUTION PREVENTION PLAN MODIFICATION REPORT FORM D-IA LOWE'S OF CARMEL, INDIANA NUMBER DATE TO: Kevin Pazsons ADDRESS: 1605 Curtis Bridge Road, Wilkesboro, NC 28697 TELEPHONE: (336) 658-4017 FACSIMILE: (336) 658-3601 SENT VIA: ^ Facsimile ^ Cpurier ^ US Mail INSPECTOR: (Print Name) (Inspector Signature) QUALIFICATIONS OF INSPECTOR: CHANGES REQUIRED TO THE STORMWATER POLLUTION PREVENTION PLAN: i• REASONS FOR CHANGES: TO BE PERFORMED BY: ON OR BEFORE: "1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in aceordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the persons or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including fines and imprisonment for knowing violations." Lowe's Project Manager: . Other Operator: LOWE'S OF CARMEL, -YDIANA SECTION 800 REVISED: 2/12A19 Page 67 0(99 I • STORM WATER POLLUTION PREVENTION PLAN TRAINING LOG (The Contractor shall provide training sessions Bi-weekly per Section 801(x)) FORM E-1 (TOPIC: EROSION AND SEDIMENT CONTROL PLAN) LOWE'S OF CARMEL, INDIANA ~~ Date: Instructor (Name and Telephone: Agenda: Purpose + Objectives The Erosion and Sediment Control Plan (ESC Plan) and Permit guide the process of construction for this Project. The plan is designed to meet certain performance objectives to limit erosion from distwbed soils and captwe sediment from those soils before it leaves the site. The permit covers an entire region, state or local jwisdiction and allows the notice holder (the Operator at this construction site) to dischazge storm water from azeas where soil distwbing and other Construction Activities are occurring. Methods + Procedures • The ESC Plan includes a construction sequence that moves the Project in logical sequence toward completion. • The ESC Plan consists of structwal and non structwal BMPs for runoff control, Erosion Control, Sediment Control, and materials management. The locations for these measwes, details for installation, and specifications for maintenance are included in the SWPPP and are shown on the plan. • Changes in construction sequence or BMPs outlined on the plan are called modifications and must be documented on the SITE MAP and on Form D-1. • The ESC Plan and Permit require inspections by a Qualified Inspector (normally the Contractor's superintendent, see SWPPP Section SOLI) once every seven (7) calendar days and within 24 hows of a .5 inch rain or more within 24 how period (or more frequently if required by the local jwisdiction, see SWPPP Section 801.I). • Inspections require accurate rainfall reporting (Rain Gage to be located on site), and accwate reporting of any corrective actions necessary to bring the Project into compliance. Any corrective actions required that are noted on the inspection report must be initiated within 24 hows and completed within 48 hows. • All inspection reports must be signed by the inspector, and signed by the owner's representative (usually the Lowe's Project Manager). Signatwes must be original. NPDES Compliance Issues + Common Mistakes • Changes in construction sequence must be noted on the D-1 Modification Form and on the SITE MAP. Change in sequence may result in compliance problems that were not addressed by the design engineer. • Best Management Practices should be installed according to detail, specification and sequence. Changing BMPs is allowed provided approval is obtained from the Lowe's Project Manager. • A missed inspection is a severe violation of the NPDES permit. Asswe accwate rainfall, inspector's qualifications, and original signatwe is provided. The Lowe's Project Manager is required to sign the certification on all the inspection reports during each site visit. • If the corrective action noted on the inspection report is not dated then it didn't occw (in the eyes of the EPA). Asswe all implementation dates for corrective actions are completed on the inspection report. Corrective actions must be initiated within 24 hows of report and completed within 48 hows of report. Summary The ESC Plan and Permit serve as a guide for the execution of the Project. Changes are often needed and necessary. The plan construction sequence, installation, inspection and maintenance of BMPs and documentation for the Project must be kept up-to-date at all times. • Location: LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/]2/09 Page 68 of 99 ~<. l~ Page 2 of 2 I. Subcontractor Signatures: Name Superintendent Signature Company Date Lowe's Project Manager: Other Operator: LOWE'S OF CARhIEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 69 of 99 !~ STORM WATER POLLUTION PREVENTION PLAN TRAINING LOG (The Contractor shall provide training sessions Bi-weekly per Section 801(K)) FORM E-2 (TOPIC: TEMPORARY SEDIMENT CONTROL) LOWE'S OF CARMEL, INDIANA ~• Date: Instructor (Name and Location: Telephone: Agenda: Purpose + Objectives Temporary Sediment Control is any practice that traps sod particles after they have been detached and moved by wind or water. These practices work to settle particles out of water and reduce twbidity. Twbidity is a measwe of the amount of material suspended in water; high twbidity decreases the amount of light that can penetrate water and is harmful to aquatic life. Larger materials settle quicker, finer particles stay suspended in water longer and are harder to settle out. Methods + procedures • Sediment fence is possibly the most common and most incorrectly used sediment control measwe. Sediment fence traps sediment by detaining storm water in sheet flow. Sediment fence is limited by steepness and length of slope behind it and may not be used in areas of concentrated flow. Sediment behind fences must be cleaned out when 25% full. • Inlet protection is a measwe used to detain storm water flow long enough for sediment particles to settle out. Several different types of inlet protection may be used for this site. Different types of inlet protection should be used for different phases of the Project. Inlet protection measwes should not completely block storm water from flowing into storm drainage system. Sediment trapped in inlet protection measures must be cleaned when 25% full. • Sediment traps should be longer than wide and have a large surface area. The larger the swface area the more efficient the trap. Sediment should be cleaned out of traps when 25% full. • Sediment basins are larger traps designed with pipe outlets. It's important to provide and maintain inlet protection for the outlet to the sediment basin. Sediment basins should always be designed with an emergency spillway as part of the conduit or cut into natural Bound. Again, the sediment basin detains water long enough for soil particles to settle out. Sediment should be cleaned out of basins when 25% full. • Diversion channels are used to direct sediment laden water to traps and basins and should remain functional until the contributing drainage area is stabilized. NPDES Compliance Issues + Common Mistakes • Typical compliance issues with sediment fence are posts too widely spaced, inappropriate post type (not meeting Lowe's criteria), and bottoms not anchored to the soil. Sediment fences should always be placed on contow, minimize the amount of Drainage Area behind the fence, minimize the slope and length of slope behind the fence, and never be placed in areas of concentrated flow. • Inlet protection must be provided where specified on the plan, allowing flow to bypass the measwe, not accepting enough flow, or causing flooding downstream aze common problems. • Sediment traps should be of adequate size (volume) to contain expected sediment yield from upstream. A trap that is too small or has too little swface area is not effective. Other problems occw when the trap or sump is too deep or the width is greater than length or flow short circuits the measwe or there is an inadequate spillway or no access for maintenance or inadequate freeboard or a low point in the embankment. • Sediment basins should be located where temporary Diversions can bring sediment laden water into the basin with a minimum Velocity and twbulence. Common problems with sediment basins include inadequate volume or swface area, head cuts at the inflow, twbulent flow, width greater than length, or inadequate dewatering to allow proper maintenance. LOWE'S OF CARMEL, INDIANA SECTION 800 miVISED: 2/12/09 Page 70 of 99 Summary Temporary Sediment Control is the last line of defense and requires maintenance in order to be effective. Unlike Erosion Control, temporary Sediment Control becomes less effective over time. Proper installation, inspection, and maintenance aze the key to successful sediment control. Sediment Control should always be used in conjunction with adequate Erosion Control. The less sediment yield from disturbed areas the less volume sediment control measures need to support. Subcontractor Signatures: Name Superintendent Signature - Company Date Lowe's Project Manager: Other Operator: Page 2 of 2 LOWE'S OF CARhIEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 71 of 99 i / STORM WATER POLLUTION PREVENTION PLAN TRAINING LOG (The Contractor shall provide training sessions Bi-weekly per Section 801(x)) FORM E-3 (TOPIC: WIND EROSION CONTROL) LOWE'S OF CARMEL, INDIANA Date: Location: Instructor (Name and Telephone: Agenda: Purpose + Objectives The purpose of wind Erosion Control is to prevent erosion on disturbed soils where wind Velocity is able to suspend sediments due to low soil moisture content (dry conditions). Suspended sediments aze fine particles that cause air pollution and deposition of sediment on areas down-wind from the source. As soil particles fall they damage plants and destroy other stable soil particles. Methods + Procedures The most common method used to control wind erosion is applying water to the surface of Disturbed Areas. Care should be exercised to provide enough water to prevent wind erosion but not too much to cause water erosion. • Surface manipulation by roughening the surface perpendicular to prevailing winds can reduce wind erosion by 80%. • Mulch with straw with a 30% ground coverage along with tackifier can reduce wind erosion by 80%. • Chemical sail stabilization and dust control may be used. Common chemicals include calcium chloride, ~• magnesium chloride, acrylic co-polymers, and polymer emulsion and soybean bio-polymers. The Lowe's Project Manager should be consulted before using any chemical control Lowe's does not permit the use of petroleum - resins for dust/wind Erosion Control. • Wind barriers (similaz to a sand or snow fence) can be constructed perpendiculaz to the prevailing wind. Sediment deposition will occur down wind from the fence five to fifteen times [he height of the barrier. NPDES Compliance Issues + Common Mistakes • Care should be exercised to provide enough water to prevent wind erosion but not to cause water erosion. • Surface manipulation must be perpendicular to the prevailing winds. • Mulch must be anchored to the Bound with tackifier or by crimping. • The Lowe's Project Manager should be consulted before selecting a chemical dust control product. • Deposition will occur down wind from the wind barrier. Assure deposition is not on the adjacent property. Summary Only five to ten percent of the total volume of sediment carried by the wind is in the form of suspended particles yet these are the most visible and draw the most complaints. Clouds of dust and sediment at the construction site are a red flag to the public and regulators. The most simple control method is by spraying enough water on the surface to suppress the dust. i• LOWE'S OF CARMEL, INDIANA SECFION 800 REVISED: Z/12/09 Page 72 of 99 ~: (• i• Subcontractor Signatures: Name Superintendent Signature Page 2 of 2 Company Date Lowe's Project Manager: Other Operator: LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12!09 Page 73 of 99 • STORM WATER POLLUTION PREVENTION PLAN TRAINWG LOG (The Conhactor shall provide training sessions Bi-weekly per Section 80 ] (K)) FORM E-4 (TOPIC: TRACKING CONTROL) LOWE'S OF CARMEL, INDIANA Date: Instructor (Name and Location: Telephone: Agenda: Purpose + Objectives Control of off-site vehicle tracking of sediments onto paved surfaces is a requirement of this plan. Tracking control consists of minimizing off-site vehicle tracking of sediments and the generation of dust. Dust is a concern where sediments dry on the pavement and passing vehicles help suspend it. Methods + procedures • A temporary gavel construction entrance/exit is a gravel strip or pad located at the entrance and exit points of the construction site. The pad provides an un-even surface to help remove mud and sediment from tires prior to leaving the site. • A clean and functional construction entrance that keeps the public's roadway free of sediment, mud, and dust can enhance the public's perception of the Project. Failure to install or properly maintain the construction entrance can be one of the first areas the public will complain about when sediment, mud, and dust aze tracked onto the roadway. • The construction entrance should be installed as part of the Phase I ESC Plan. All future driveway entrances used for construction that can be adequately graded as part of the initial grading work should receive this BMP. Future driveway entrances without this BMP should be barricaded and not used. • Construction entrances should be wide enough for vehicles to pass each other, and long enough to maximize tire contact with the stone. Minimum width should be 20 feet, minimum length 100 feet or four times the diameter of the lazgest vehicle on the site whichever is greater. A 25 foot radius should be provided where the stone meets the public roadway. Access to the sides of the pad should be limited by using sediment fence, construction fence or barricades along the length of both sides. • Temporary gravel construction entrances should be constructed of a minimum of 8 inches of 3-5 inch washed stone. Water should be controlled so it does not run down the entrance onto the public roadway. • Where site conditions are especially muddy and wet, the construction entrance/exit stone by itself may not be adequate to remove sediment and mud from tires. Awash rack may be used where tires can be hosed off over a drainage channel that leads to a sediment trap. Where water is not available, a grate should be used as part of the construction entrance. • Where the gravel construction entrance fails to keep sediment from tracking on the public roadway, sweeping must be performed at the frequency required to keep the roadway clean. NPDES Compliance Issues + Common Mistakes • The gravel pad should remain clean by adding stone as required. • The surface of the construction entrance/exit should not be allowed to become compacted. Periodic roughening of the 3-5 inch stone is required to maintain function of the construction entrance. • Assure gravel construction entrance/exits meet Lowe's criteria for width, length, thickness, and stone size. • Assure gavel pad/construction entrance/exits are consWcted at all drives that serve as construction entrances (or aze barricaded). • Sweeping must be performed where construction entrances fail to keep all sediment off the roadway. LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 74 0(99 !• Summary Maintaining tracking control of the public highway should be a key priority. Often sediment tracked on the highway provides the incentive for a public complaint against the Project. `i Subcontractor Signatures: Name Superintendent Signature Date Company Lowe's Project Manager: Other Page 2 of 2 (• LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 75 of 99 ('~-. STORM WATER POLLUTION PREVENTION PLAN TRAINING LOG (The Contractor shall provide training sessions Bi-weekly per Section 801(K)) FORM E-5 (TOPIC: TEMPORARY SOIL STABILIZATION) LOWE'S OF CARMEL, INDIANA (• i~ Date: Instructor (Name and Location: Telephone: Agenda: Purpose + Objectives Temporary soil stabilization is a pmctice used to reduce erosion and sediment discharge from Disturbed Areas. The practice is used to temporarily stabilize an area where grading has ceased but will resume later Lowe's requires temporary soil stabilization to occur on any disturbed soil where grading work has ceased for more than 14 days. Methods + procedures • Methods of temporary soil stabilization include mulching or hydro-mulching with seed from either temporary or permanent seed specification according to the Erosion and Sediment Control Plan. Mulch may be used alone when out of seeding season. Some type of tackifier or method of securing the Mulch to the ground must be used. Permanent seeding and mulch should be used where land disturbing activity has ceased and permanent cover is desired. • Surface roughening may also be used as a method of temporary soil stabilization, especially for steeper slopes. Roughening perpendiculaz to the grade can reduce sediment yield by as much as 52%. • Slope length and steepness are significant factors in total sediment volume. Slope Terraces may be used on steep cut or fill slopes higher than 20 feet. Straw wattles maybe used at 20 foot intervals to help reduce slope length. • Vegetation protection may also be considered a soil stabilization method where areas of the site remain vegetated until ready to be graded or disturbed. Lowe's requires aeeas be cleared no more than 14 days prior to grading. NPDES Compliance Issues+Common Mistakes Failure to temporarily or permanently stabilize a Disturbed Area 14 days after temporary or permanent cease of grading is a common construction mistake. Improper calculation of seeding rate with too much seed, not enough seed, and/or inadequate coverage are also common problems. Mulch should be applied at 2 tons per acre (use 1 /2 to I ton per acre th arid landscapes with less than 12" annual rainfall) and crimped or tacked to prevent blowing or washing. Use of asphalt tackifier is not permitted on Lowe's Projects. • Surface roughening a slope in the improper direction (parallel to grade) will `build-in' rills and accelerate erosion. • Long steep disturbed slopes produce the most sediment yield. Failure to provide any slope break, like a Terrace or wattle at the mid slope causes additional erosion and sedimentation. • Clearing the site long in advance (greater than 14 days) of grading operations, installing tree protection fencing inside the drip line of a tree or no[ installing tree protection as indicated on the plan are also common mistakes. Summary Providing temporary soil stabilization on Dismrbed Areas where Construction Activity and grading have ceased reduces the amount of erosion from these areas and also reduces the volume of sediment storage required. Stabilizing a site from the `outside-in' is a practice that will reduce Disturbed Area and the man hours necessary to maintain sediment control practices. I,OWE'S OF CARhiEL, INDIANA SECTION 800 REVISED: Z/12/09 Page 76 0(99 -;:. '. • Subcontractor Signatures: Name ~• t Superintendent Signature Company Date Lowe's Project Manager: Other Page 2 of 2 LOWE'S OF CARME41NDIANA SECr10N 800 REVISED: 2/12/09 Page 77 of 99 'i STORM WATER POLLUTION PREVENTION PLAN TRAINING LOG (The Contractor shall provide training sessions Bi-weekly per Section 801(K)) FORM E-6 (TOPIC: NON-STORM WATER MANAGEMENT) LOWE'S OF CARMEL, INDIANA i ~~ ~• Date: Instructor (Name and Telephone: Agenda: Purpose + Objectives Allowable non-storm water dischazges associated with the Construction Activity are listed in the Storm Water Pollution Prevention Plan (SWPPP) for this Project. These discharges are allowed only under the conditions that no pollutants are allowed to come into contact with surface waters prior to or after its discharge. Appropriate BMPs for these discharges include reduction and elimination of these sources, Best Management Practices for erosion and sediment control and strategies to control and treat the discharge of chlorine. Methods+Procedures • Allowable non-storm water discharges are listed in the SWPPP. The following non-storm water discharges are commonly allowed by the EPA (some states and/or local jurisdictions do not allow any non-storm water discharge see Section 820): o Erosion and Sediment Control - Duect concentrated flow to areas such as sediment basins and landscaped areas, provide suitable controls such as sediment fence and wattles where flaws may be directed toward denuded areas storm inlet protection against sediment flow. o Chlorinated Water -from fue line or potable water line flushing do dissipate or spray water onto onsite paved areas or soil areas. However storm inlet protection for chlorine with de-chlorination mats and bags, treatment with ascorbic acid for ]ow levels of chlorine, 2mg/L, and treatment with sodium ascorbate for high levels of chlorine up to 100 mg/L must be provided. Manufacturer's recommendations should be followed closely to prevent overtreatment or chemical reaction. Discharges may be directed into sanitary sewer where written permission is obtained from the sanitary sewer authority having jurisdiction. o Dust Control -Water used to control dust should be limited to prevent runoff. Any runoff produced should be directed to suitable sediment control measures such as sediment fence, sediment basins and traps, wattles and inlet protection measures. Chlorinated water shall not be allowed to leave the site unless a suitable BMP is implemented to reduce the chlorine to acceptable levels. o Routine Washing -Water used to wash buildings or pavement should be minimized to prevent excess runoff. Water should be directed to landscape areas as applicable. Detergents may not be used. Wash water from pavement may only be discharged if it does wash areas contaminated by spills or leaks of toxic or hazardous materials -sweep before washing. o Landscape Irrigation -Volume used for irrigation prior to establishment of vegetation should be controlled to prevent excess runoff and erosion. Sediment control measures should remain in place until all areas upstream are stabilized. Sediment loss may be controlled through the use of appropriate BMPs such as wattles, sediment fence and vegetative buffers. NPDES Compliance Issues + Common Mistakes • Compliance issues include discharges other than what the jurisdiction allows as a non-storm water discharge (note the list above is the EPA list, other jurisdictions will vary) and not controlling potential pollutants in the discharge. • Super-chlorinated water must be treated before releasing it into the environment. • Some states require a separate permit for groundwater discharge. Location: LOWE'S OF CARMEL, INDIANA SECCION 800 REVISED: 2/12Po9 Page 78 of 99 ;~: ~• Summary Non-stormwater discharges should be eliminated or reduced to the extent feasible and should not be sources of pollutants to receiving waters. Non-storm water discharge management is required as a part of the NPDES permit. These dischazges are allowed only under the conditions that no pollutants are allowed to come into contact with surface waters prior to or after its discharge. Subcontractors should become aware of what discharges are and aze not permitted on the site. Subcontractor Signatures: Name Superintendent Signature Company Date Lowe's Project Manager: Other Operator:. Page 2 of 2 LOWE'S OF CARMEL, INDIANA SECTION R00 REVISED: 2/12/09 Page 79 or 99 ' • STORM WATER POLLUTION PREVENTION PLAN TRAINING LOG (The Contractor shall provide training sessions Bi-weekly per Section 801(K)) FORM E-7 (TOPIC: WASTE MANAGEMENT AND MATERIALS POLLUTION CONTROL) LOWE'S OF CARMEL, INDIANA Date: Location: Instructor (Name and Title): Telephone: Agenda: Purpose + Objectives The SWPPP includes a list of construction and waste materials and substances expected to be stored on site during construction, a description of controls, including storage practices, to minimize exposure of the materials to storm water, and spill prevention and response practices. In addition the SWPPP addresses measures to prevent the discharge of solid materials, including building materials, to surface waters. Methods + Procedures • Concrete wash water has a pH of 12 and is considered a Hazazdous Waste due to its caustic nature. Concrete wash water is not allowed to flow into drainage ways, inlets, receiving waters, or highway rights-of--ways and must be located at least 100 feet from these features. Washout facility must have sufficient volume to contain solids, wash water, and have a minimum of 12" freeboazd. Facility is not to be filled beyond 95% capacity and shall be cleaned out once 75% full unless a new facility is constructed (See SWPPP Section 819.C.4(d)). ~• Any petroleum tank stored on site is required to have a containment area designed with an impervious surface between the tank and ground that equals or exceeds 110% volume of the largest tank (See SWPPP Section 819.C.4(a)). The maximum aggregate above ground storage capacity shall not exceed 1,320 gallons (which includes both bulls and equipment operational storage volumes in tacks 55 gallons and greater) unless a Spill Prevention Control and Countermeasures ("SPCC") Plan is prepared and implemented. Total aggregate petroleum storage exceeding 1,320 gallons shall require preparation, certification and implementation of a SPCC Plan on or before November 20, 2009. The SPCC Plan is part of this SWPPP and will require the Contractor to self-certify and complete Forms G-2 and G-3, so long as the site maintains equal to or less than 10,000 gallons of petroleum and it meets certain requirements for its reportable dischage history (as discussed on Form G-2). If the site does not meet the requirements for reportable dischazge as discussed on Form G-2, a SPCC Plan must be prepazed separately from this SWPPP and certified by a Professional Engineer. • Oil handling personnel must be trained in the operation and maintenance of equipment to prevent discharges; discharge procedure protocols; applicable pollution control laws, rules and regulations; general facility operations; and, the SPCC Plan contents within this SWPPP. Training should discuss and describe known discharges or failures, malfunctioning equipment, and any recently developed precautionary measures. • Oil or Hazardous Waste spills must be reported according to Section 819.C.2 in the SWPPP `Spill Prevention and Response Procedures'. Spills of petroleum and other products under the threshold of a "reportable spill" shall be immediately cleaned up per Section 819.C2 and stored th sealed containers until disposed of by a licensed waste disposal company • All construction debris and trash shall be disposed of in a metal dumpster provided on site. Construction debris and trash should be picked up and placed in the dumpster daily. Dumpsters will be emptied at least once per week or when 95% full, or more often when necessary to prevent overflow. All dumpsters must be located at minimum 50 feet from any storm inlet, drainage way, or surface water. Additional BMPs (like gravel bags, fences, berms, or wattles) must be placed around the base to prevent wastes from contributing to storm water (See SWPPP Section 819.C.5). • All containers of liquid building materials must be covered or stored in a covered area when not in use. Paints, solvents, diamond-hard, dry fall, saw joint material, etc... must be disposed of properly. Used material containers must be disposed of properly (and maybe considered Hazardous Waste). LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 80 of 99 ;~ ;~ I• NPDES Compliance Issues + Common Mistakes • Failure to provide a liner for concrete washout, washout full of liquid and overflowing, dischazging [o surface waters or no washout provided are common issues of non-compliance. Proper signage of the concrete washout can help prevent washout from occurring outside the designated azea. • Fuel secondary containment is required for any fuel container and containment must be at least 110% of the size of the lazgest tank. Secondary containment must be impervious, plastic lining must be continuous with no lap joints, and total stored on site (containers 55 gallons or more including operational equipment) must not exceed 1,320 gallons unless the General Contractor self-certifies (if the site maintains equal to or less than 10,000 gallons and is qualified as discussed on Form G-2) by completing Forms G-2 and G-3, or a SPCC Plan separate from this SWPPP is.prepared and certified by a Professional Engineer. • Construction waste and trash must be cleaned up daily and deposited in dumpsters provided. Dumpsters must be emptied at least once per week or more often if necessary but always when reaching 95% full. Dumpsters should be covered in conditions where wind will blow trash and debris out of the facility. • Empty containers of liquid building materials, spray paint for marking utility lines, and other waste must be disposed of properly. Empty containers can be considered Hazazdous Waste. • Mortar mixing stations should be provided with adequate BMPs to contain all mix water and grout dust. Summary Construction and waste materials used on the site must be stored, used and disposed of properly. Many if not all these substances are considered pollution when exposed to storm water. Concrete wash water, petroleum products, paints, solvents, fertilizers, and empty containers must be managed so there is no contact with surface waters. Areas where these products are stored and used should be inspected daily. Construction debris and trash (including lunch and break trash) must be disposed of properly. Subcontractor Signatures: Name Company Superintendent Signature Date Lowe's Project Manager: Other Operator: LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12ft19 Page 81 of 99 I, •'. STORM WATER POLLUTION PREVENTION PLAN TRAINING LOG (The Contractor shall provide training sessions Bi-weekly per Section 801(K)) FORM E-8 (TOPIC: PETROLEUM DISCHARGE PREVENTION PROCEEDURES) Note: This training agenda must be completed every two weeks while the SPCC Plan requirement is in effect. LOWE'S OF CARMEL, INDIANA (• !~• Date: Instructor (Name and Telephone: Agenda: Purpose + Objectives Section 819.B.4 (a) of the SWPPP describes procedures and practices to manage all petroleum products on the construction site. Minimum measures for petroleum products include required secondary containment, management of all on-site vehicles and equipment, locating all fixed fuel storage tanks on the SITE MAP, locating all fixed fuel storage tanks a minimum of 100 feet from storm drainage inlets and surface waters, providing and maintaining a Spill Kit, providing drip pans for all dispensers and managing small stationary non-self-propelled equipment. Exceeding 1,320 gallons of petroleum on the site counting both fixed petroleum tanks and operational equipment with tanks 55 gallons and greater will require execution of a SPCC Plan prior to November 20, 2009. General Contractors exceeding this threshold may prepaze and certify an SPCC Plan by completing Forms G-2 and G-3 so long as the site maintains equal or less than 10,000 gallons of petroleum and is qualified to self-certify (as discussed on Form G-2). Otherwise a SPCC Plan separate from this SWPPP must be prepazed and certified by a Professional Engineer. Methods + Procedures • If the maximum total aggregate above ground storage capacity (for the total permit azea) exceeds 1,320 gallons (which includes both bulk and equipment operational storage volumes in fuel tanks 55 gallons and greater) but is equal to or less than- 10,000 gallons, the General Contractor shall complete Forms G-2 (`Self Certification Statement) and Form G-3 (`Facility Description and Potential Tank, Equipment and Operational Equipment Failure Resulting in Spills') each of which aze included in the SWPPP. If the Contractor does not qualify for self .certification the SPCC Plan must be prepared by a licensed Professional Engineer at the Contractor's expense. In either case, a SPCC Plan must be executed before November 20, 2009. • All petroleum fixed storage tanks 55 gallons and greater must be described in Form G-3 and located on the SITE MAP. ALl operational constmction equipment with fuel tanks greater than 55 gallons must be identified and listed on Forst G-3. Special attention should be paid to drainage patterns in the vicinity of the storage tanks. • All storage tanks on the site will be located with a contairunent that is impervious between the tank and the spill and that will contain any spill for a minimum of 48 hours without penetration. Containment must be designed to hold a volume of 110% of the volume of the largest tattle. • Secondary containment will not be required for oil filled operational construction equipment (55 gallon tanks and greater) if the Contractor inspects and monitors and completes Form G-2 in the SWPPP. • Inspections of all fixed tanks, secondary containment, pipes, valves, fittings, oil filled operational equipment, spills and stains, loading and unloading areas, access control and security shall be performed daily. Inspection reports shall be completed as required in Section 801.I and reported on Form C-I of this SWPPP. • Petroleum over-fill spills and stains shall be cleaned up using active countermeasures including use of the Spill Kit and trained on-site personnel following procedures outlined in Section 819.B.4(a).7. Active containment will be deployed immediately upon discovery for small volumes. • Oil or Hazardous Waste spills must be reported according to SWPPP Section 819.C.2 `Spill Prevention and Response Procedures'. Spills of petroleum and other products under the threshold of a "reportable spill" shall be immediately cleaned up per Section 819.C.2 and stored in sealed containers until disposed of by a licensed waste disposal company Location: LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 82 of 99 • • Lowe's criteria for fixed petroleum tank location will be followed. Tanks must be located minimum 100 lineaz feet-from drainage ways, inlets, and surface waters to prevent surface drainage from reaching culverts, gutters, surface waters or drainage systems. • Petroleum fueled equipment such as pumps and generators are to be provided with secondary containment for the entire footprint of equipment sufficient to contain 110% of the volume of the largest tank serving the equipment. This applies to all stationary non-self-propelled equipment including hand held equipment when not in use. NPDES Compliance Issues + Common Mistakes • Failure to calculate total aggregate fuel in stationary and operational equipment tanks 55 gallons and greater and when the total aggregate exceeds 1,320 gallons either failure to complete and sign the self-certifying SPCC Plan Forms G-2 and G-3, or failure to prepare (separate from this SWPPP) a SPCC Plan certi£ed by a Professional Engineer, whichever is appropriate.. • Failure to inspect (daily visual and weekly record keeping) all petroleum storage containers, operational equipment and other equipment and fittings including small leaks and spills. • Failure to provide required secondary containment for any fuel container located on the site. Containment must be at least 110% of the size of the largest tank. Secondary containment must be impervious, plastic lining must be continuouswith no lap joints and be sufficient to contain any spilled petroleum for a minimum of 48 hours without penetration to contact any soil or groundwater. • Failure to provide required Spill Kit, lack of knowledge of how Spill Kit contents are deployed, lack of training. of on-site personnel in [he use of the contents. • Failure to provide secondary containment for equipment such as pumps and generators or small petroleum filled hand-held equipment when not, in use. Summary On July 17, 2002 the EPA published a fmal-rule that amended the SPCC regulations that became effective on August 16, 2002. The provisions of the rule include new requirements which go into effect on November 20, 2009. Construction sites ~• are subject to this rule if the aggregate capacity of fuel on the site exceeds 1,320 gallons and the site could reasonably be expected to discharge oil into or upon navigable waters of the United States. All petroleum tanks 55 gallons or greater (including operational construction equipment) are counted in the 1,320 gallon total The SPCC Plan requirements have been incorporated into this SWPPP. Subcontractor Signatures: Name Company Superintendent Signature Date Lowe's Project Manager: Other Operator: LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: Z/12/09 Page 83 or 99 -: 'i.. STORM WATER POLLUTION PREVENTION PLAN FINAL SITE INSPECTION REPORT /NOTICE OF TERMINATION CHECKLIST FORM F-I LOWE'S OF CARMEL, INDIANA 1. ^ All construcion and soil disturbing activities identified in the SWPPP are complete and no reasonable potential for stormwater discharge of a significant amount of construction related sediment or turbidity or construction related pollutants to surface waters is present. 2. ^ All areas of disturbance have achieved final stabilization (a uniform perennial vegetative cover with a density of SS% or equivalent measures). 3. ^ Construction materials waste, and temporary, structural erosion and sediment control measures have been removed and disposed of properly. This includes any sediment that was being retained by temporary measures. CONTRACTOR'S CERTIFICATION "I certify under penalty of law that the above statements aze accurate and complete and that all storm water discharges associated with Construction Activity from the Project that aze authorized by the NPDES Construction General Permit have been eliminated and that all Disturbed Areas and soils at the construction site have achieved Final Stabilization and all temporary erosion and sediment control measures have been removed." (•.:. Company Name: Name (Print): Signature: Title: Date: "[ certify under penalty of law that this document and all attachments were prepazed under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of [he person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.° Lowe's Project Manger. Other Operator: Date: If Operator other than Lowe's or in addition to Lowe's, the Operator must submit completed NOT to Lowe's for '• joint filing or notify Lowe's five (5) days prior to filing the NOT iD order to coordinate the filing with Lowe's. LOWE'S OF CARMEL, INDIANA SECI70N 800 RE~7SED: L12/09 Page 84 of 99 ~' STORM WATER POLLUTION PREVENTION PLAN • REPORTABLE QUANTITY RELEASE FORM FORM G-1 LOWE'S OF CARMEL, INDIANA The discharges of Hazardous Substances or Oil in storm water discharges from construction sites must be prevented or minimized in accordance with the SWPPP. Where a release containing a Hazardous Substance or Oil in an amount equal to or in excess of a reportable quantity established under 40CFR Part 110, 40CFR Part 117 and 40CFR Part 302 occurs, the following steps must be taken: 1. All measures must be taken to contain and abate the spill and to prevent the discharge of Hazardous Substances or Oil to storm water or off-site. 2. Contact Info Track at I-888-429-6281 (1-888-HAZMAT 1) to determine whether the spill is reportable. Info Track has been contracted by Lowe's to provide this service to Lowe's facilities, including new construction. You must state that you are working on a Lowe's new construction site. 3. Contact the Lowe's Project Manager or Operator's Engineer immediately upon knowledge of release. 4. If a release is equal to or in excess of a reportable quantity, the SWPPP must be modified within seven (7) calendaz days of knowledge of the discharge to provide a description of the release, the circumstances leading to the release, and the date of the release. The plans must idenfify measures to prevent the recurrence of such releases and to respond to such releases LOWE'S OF CARMEG INDIANA SECTION 800 REVISED: 2/12/09 Page SS of 99 SELF CERTIFICATON • ` SPILL PREVENTION, CONTROL AND COUNTERMEASURES PLAN STORM WATER POLLUTION PREVENTION PLAN FORM G-2 LOWE'S OF CARMEL, INDIANA SELF-CERTIFICATION STATEMENT 112.3 (d) "The owner/operator that certifies this SPCC plan attests that he/she is familiar with the requirements of 40 CFR Part 112 and has visited mld examined [he facility. The owner/operator furtlser certifies that the plan has been prepared in accordance the accepted and sound industry practices and standards and with the rule requirements, that procedures for required inspections and testing have been established, that the plan is being fully implemented, that the facility meets the qualifying criteria, that the plan does not deviate from rule requirements except as allowed and as certified by a P.E., and that management approves the Plan and has committed resources to implement it." "I understand my obligations relating to the storage of oil at this facility and I hereby certify that 1 have satisfied the requirement to prepare and implement a Plan under 40 CFR Part 112 and all of the requirements under 40 CFR 112.6(a). I understand my obligations to report an oil discharge to navigable waters, to review and amend this Plan whenever there is a material change that might affect the potential for `• an oil discharge and will implement the contingency plan as outlined in this Plan. I hereby certify 40 CFR Part 112.3 (d) that the necessary resources to implement thisplan have been committerL" Signature of Contractor's Responsible Corporate Officer Printed Name Date Forms G-2 and G-3 must be completed by the Contractor's Responsible Corporate Officer if the aggregate above ground capacity on the Project exceeds 1,320 gallons in both fixed tank storage and operational equipment with fuel tanks that are 55 gallons and greater per Section 40 CFR 112.3 (a) and (b), but is equal to or less than 10,000 gallons. • LOWE'S OF CAR111EL, RVDIANA SECFION 80a REVISED: Z/12/09 Page 86 of 99 (,a SPCC FACILITY DESCRIPTION AND POTENTIAL TANK, EQUIPMENT AND OPERATIONAL EQUIPMENT FAII.URE RESULTING IN SPILLS 40 CFR 112.7 (b). FORM G-3 LOWE'S OF CARMEL, INDIANA A. FACILITY DESCRIPTION 40 CFR 112.7 (a) (3): The area covered by this plan includes the total site area covered by the NOI and listed in this SWPPP. The SITE MAP(s) show the physical layout of the facility including marked location and contents of each fixed container (as amended and modified) and a list of all potential operational equipment with petroleum tank storage' of 55 gallons or greater is listed below. Fixed Petroleum Storage will consist of _~numberJ gallons gasoline, and InumberJ gallons diesel fuel Operational Equipment with tanks 55 gallons and greater will include: /list al[ equipment separately and attach list if necessary) Total maximum regulated oiVpetroleum storage capacity (number/ gallons B. 40 CFR 112.7 (a) (1): The facility is in complete conformance with the SPCC Regulation which became effective on August 16, 2002. C. 40 CFR 112.7 (a) (2): In complying with all applicable requirements of the SPCC Regulation, no deviations were employed or claimed in this plan. D. 40 CFR 112.7 (a) (4): See Form G-1 for procedures to use in reporting a discharge. E. 40 CFR 112.7 (a) (5) and 40 CFR 112.7 (a) (3) (iv): See Form G-1 for procedures to use when a discharge occurs. F. POTENTIAL TANK, EQUIPMENT AND OPERATIONAL EQUIPMENT FAILURE RESULTING IN SPILLS 40 CFR 112.7 (b): See Form G3 Page 3. G. CONTAINMENT (40 CFR 112.7 (c)) shall be as per Section 819.4(a). H. DEMONSTRATION OF PRACTICABILITY 40 CFR 112.7 (d). The Plan does not deviate or claim impracticability of secondary containment or include an exemption or measures pursuant to 40 CFR 112.9(c)(6) for produced water containers and any associated piping and appurtenances downstream from the container. I. INSPECTIONS TESTS AND RECORDS 40 CFR 112.7 (e). Inspections and tests shall be as required in Section SOLI of this SWPPP. A record of all inspections (Form C-1) are maintained and signed by the Qualified Inspector (Facility Response Coordinator). Inspections as required shalt continue at the required frequency of the SWPPP regardless of the project storage. These records must be maintained for a period of five (5) years and shall become part of the permanent record at the completion of the project. FIVE YEAR REVIEW 40 CFR 112.5(b): A review and evaluation will be made of this SPCC Plan at least every five years while in effect. As a result of this review the plan shall be amended within six months to include more effective prevention and control measures if applicable. A Five Yeaz Review Log shall be completed documenting review and evaluation. K. TECRNICAL AMENDMENTS AND MODIFICATIONS 40 CFR 112.5(a), (c), and 112.6 (a)(2): The SPCC Plan shall be amended/modified when there is a change in design, construction, operation or maintenance that materially affects the potential for a discharge to navigable waters or adjoining shorelines. Examples of amendments include adding, removing or relocating fixed petroleum storage containers, altering secondary containment methods, revisions to operating procedures, or a when reportable quantity spill occurs. All amendments shall be documented on Form D-t and signed/certified by the Operator. LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: Zn2/09 - Page 87 of 99 L. PERSONNEL TRAINING AND DISCHARGE PREVENTION PROCEDURES 40 CFR 112.7 (f). Personnel • attending the SWPPP Pre-construction meeting shall be trained in discharge prevention procedures. All personnel shall be trained in discharge prevention procedures once every two weeks. Alt training sessions aze to be recorded on Form E-8 and maintained as part of the permanent record for the project. M. SECURITY 40 CFR 112.7 (g). Security measures aze implemented at this Project site to prevent unauthorized access to oil handling and storage area. Following is a description of how to secure and control access to the oil handling and storage areas; secure master flow and drain valves; prevent unauthorized access to controls on oil pumps; secure out- of-service and loading and unloading connections of pipes and tanks; address appropriateness of security lighting to both prevent acts of vandalism and assist in the discovery of oil discharges. [Contractor to add and describe any additional facility security measures:) N. TANK TRUCK LOADING AND UNLOADING 40 CFR 112.7 (/): 1. Bulk storage tanks shall have at a minimum impervious containment equal to 110% of the bulk storage tank capacity. Tank truck fueling area shall be constructed to contain a[ least the maximum capacity of any single compartrnent of a tank tnlck loaded or unloaded at the facility. 2. Wheel chocks and warning signs will be used at loading and unloading areas to prevent vehicles from departing before complete disconnection of flexible or fixed oil transfer lines. ~ - 3. Each tank truck carrying petroleum products or hazazdous materials shall be closely inspected to ensure that • leaks or releases do no[ occur from all outlets and structures prior to site entry or departure and especially prior to filling any tank at the site. Truck inspections shall include at a minimum the tank trailer, hoses, saddle tanks, pumps and the lowermost drain to ensure they aze properly secured, tightened, adjusted or replaced to prevent release or discharge while in transit. O. FIELD CONSTRUCTED ABOVE GROUND CONTAINER 40 CFR 112.7 (i). Field constructed above ground containers shall not be used. P. CONFORMANCE WITH APPLICABLE REQUIREMENTS 40 CFR 112.7 Q). In addition to the minimum prevention standards listed under this section, include in the Plan a complete discussion of conformance witk the applicable requirements and other effective discharge prevention and containment procedures listed in this part or any applicable more stringent State rules, regulations and guidelines. Q. SECONDARY CONTAINMENT 40 CFR 112.7(k): The Operator plans [o use a contingency plan m lieu of secondary containment for qualified oil-filled operational equipment, in accordance with the requirements of 40 CFR 112.7(k). LOWE'S OF CAILVIEL, INDIANA SECTION S00 REVISED: 2/12/09 Page SS of 99 / POTENTIAL TANK, EQUIPMENT AND OPERATIONAL EQUIPMENT • FAILURE RESULTING IN SPILLS 40 CFR 112.7 (b). FORM G-3 (continued) Use One Form Per Tank/Container] ]. The Contractor shall provide a complete inventory of petroleum storage tanks, fueling azeas and containers and perform an analysis using a chart for each individual azea/container or tank. Where experience indicates a reasonable potential for equipment failure (such as loading or unloading equipment, tank overflow, rupture, or leakage) or any other equipment known to be a source of a discharge, include on the attached chart and indicate on the SITE MAP, a prediction of the direction, rate of flow, and total quantity of oil which could be discharged from the facility as a result of each type of major equipment failure T...,~, iv,....l.o.-. tt',,,,i..,~mr m r~.nn1<io rhnn fnr each tank fue7inQ area and container) Potential Failure Spill Direction Rate of Flow Tyoe of Fuel Potential Volume and Countermeasures of Flow - (fast, moderate, slow [o be Deoloved in the Event of a Spill Tank Failure Partial Tank Failure Tank Ovefill Pipe or Valve Failure Hose Leak During Transfer Equipment Tank Leak ~ - Equipment Tank Failure The SPCC Plan component of this SWPPP is not required to be submitted to the EPA unless eitherl) the site discharges more than 1,000 gallons of petroleum into or upon Waters of the US or adjoining shoreline in a single spill event, or 2) the site discharges petroleum in quantities greater than 42 gallons in each of two spill events within any twelve month period. If information must be submitted to the EPA, include within 60 days the name of the site, name of individual submitting information, location, maximum stomge on site, corrective actions or countermeasures taken, copies of all SITE MAPS depicting where petroleum was stored on site, cause of the spill, additional preventative measures taken and other information the Regional Administrator of the EPA may reasonably require that is pertinent to the plan or spill event(s). LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2112/09 Page 89 of 99 YEAR 20_ LOWE'S OF CARMEL, INDIANA STORM WATER POLLUTION PREVENTION PLAN PROJECT RAINFALL LOG FORM H-1 Mouth Da 1 Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PM Iaitiais Note: Rainfall amounts are to be based on a 24-hour rainfall event (same hour each tlay), DO NOT enter a cumulative to[a~ or rmmau over severa~ aayn mr w~c uay. LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 90 of 99 STORM WATER POLLUTION PREVENTION PLAN ~s`< CONSTRUCTION SITE NOTICE Form I-i The following information is posted in compliance with the Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) and the State of Indiana NPDES Permit and the Carmel City Code Information must 6e trued Contact Name and Phone Number: This Project will consist of demolition of a portion of the existing gazden center and constructing a 17,000+/- SF Brief Project Description: expansion to the gazden center with associated parking lot modifications. The estimated time for completion of the construction on the Project is expected to be 90 calendaz days. Location of Storm Water Pollution Prevention Plan (SWPPP): A Storm Water Pollution Prevention Plan (SWPPP) has been developed and implemented according to Permit requirements. A full copy of the SWPPP for this construction Project can be found at the location identified above. This permit does not provide the public with any right to trespass on a construction site for any reason, including inspection of a site; nor does this permit require that permittees allow members of the public access to a construction site. *This notice must be posted conspicuously at the main entrance of the construction site and inside the job trailer and shall also include the NPDES Permit Number for the Project or a "completed" copy of the Notice of Intent (NOI) or other form of request required to obtain coverage under the applicable storm water permit if a number has not yet been assigned. The notice of Coverage (NOC) [or other State or local Jurisdiction approval notice] notifying the applicant that coverage under the applicable permit has been obtained must also be posted, once received. This notice must be updated whenever information related to the contact person has changed or the location of the SWPPP has changed. Three items must always be included with the posting; 1) Form I-1 (this form), 2) the NOI (or multiple NOIs for multiple Operators, and 3) the Notice of Coverage (NOC) (or multiple NOCs for multiple Operators). LOWE'S OF CARMEL, INDIANA SECIION 800 REVISED: 2/12/09 Page 91 of 99 ~'~ STORM WATER POLLUTION PREVENTION PLAN PRE-CONSTRUCTION MEETING TRAINING AGENDA Form J-I Lowe's of Carmel, Indiana i i• When Professional Engineer is not familiar with Lowe's Development Criteria the Lowe's Project Manager or Engineering Manager shall Chair the meeting. Lowe's Project Manager is to take an active rol! in presenting Lowe's Ex ectations and Lowe's s eci rc recordkee in re airements. n*`" ° Overview of NPDES Permit Pro - Lowe's Ex ectations Isc Furth$rarhon''orlnfo "`atio R ove t es;or' o General Discussion of SWPPP and Records Retention Re uirements Phasin ofPro'ect Review of Erosion and Sediment Control Plans (to include all tem or and ermanent structural and stabilization measures) Locating solid waste containers, portable toilets, concrete washout areas, fuelin areas and tank storage area on SITE MAP Posting the SITE MAP (marked on the Erosion and Sediment Control Plans) at 'ob trailer Posting requirements for the Notice of Intent (NOI), Notice of Coverage (NOC) and Constmction Site Notice (Form I-1) Must be osted at Project entrance and inside 'ob trailer wall. Allowable non-storm water dischaz es and handlin rocedures Spill Kit required contents, location, and use (to be deployed quickly after small volume etroleum leaks ands ills) Spill Prevention Control and Countermeasures (SPCC) -petroleum uantity limitations (1,320 gallons) and Plan re uirements Materials mana ement to include ro er material storage, etc. Si ato Authorization Dele ation Form A-1 Contractor's Certification Form B-1 Subcontractor's Certification Form B-2 Ins ection form and re aired ins ection timeframe (Form C-1) Stabilization schedule (Form C-2) Im lementation schedule (Form C-3) Modification report (Form D-I) and tracking plan amendments and stabilization ro ess on SITE MAP Contractor/Subcontractor trainin (Form E-I throu h E-8) Final stabilization (Form F-1) Re ortable uantity release rocedures (Form G-1) Contractor SPCC Self-Certification (Form G-2) and Facility Description and Potential Tank, Equipment and Operational E ui ment Failure Resultin in S ills (Form G-3) Rain age re uirement and rainfall to s (Form H-1 States ecific re uirements Im ort/Ex ort-Fill and S oil Materials SWPPP accessibility to re ulatory officials Inspections -assisting and cooperating with regulatory officials - inspectionreports and notices of violation (any response must be coordinated through Lowe's Project Manager) Meeting Date: LOWE'S OF CARhIEL, INDIANA SECTION 800 REVISED: 2/12109 Page 92 of 99 ~• Attendance Roster Meeting Date: ~ ~ z~ Com a.. ::: sR.. on 1frL1t ..w ' SI na.:.re- t• Rems which require further action or additional information: Additional items discussed (not addressed above): *This completed Corm must be included in both the Project Manager's and Construction Site SWPPP Ledger. LOWE'S OF CAR117EL, INDGINA SECTION 800 REVISED: 2!12/09 Page 93 of 99 ~~• Part 22 -Sample Forms f~ LOV'E'S OF CARMEL, QVDIANA SECflON 800 REVISED: 2/12/09 Page 94 of 99 ~ Part 23 -Permit Eligibility Documentation ~- Appendix A - TNIDL Documentation 303(d) Impaired Waterway Appendix B -Endangered Species Act Documentation Appendix C -Critical Habitat Documentation Appendix D -Historic Resources Documentation LOWE'S OF CARTIEL. DNDIANA SECTION 800 REVISED: 2/12/09 Page 95 of 99 \• Appendix A TNIDL Documentation 303(d) Impaired Waterway ~~ LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 7J12/09 Page 96 0[99 1• Waterbody Quality Assessment Report ~ WATERS ~ US EPA Page 1 of 2 ~~1~ 3~~~ ~ ~ 6 rCfe06~yy~E~ d~~ 00 9. You are here: EPA Home Water WA7ERS Water Oualit~ Assessment and TMDL Information Waterbody Quality Assessment Report Return to home paoe On This Page • Water Quality Assessment Status • Causes of Impairment • Probable Applv to This Waterbodv • Previous Causes of Impairment Now Attainino All Uses State: Indiana Waterbody ID: IN W 0193_00 Location: Huc: osizozol State Waterbody Type: River EPA Waterbody Type: Rivers and Streams Water Size: 21.88 Units: miles Watershed Name: Upper White Data are also available for these years: 2002 2004 2006 Waterbody Report for Cool Creek Basin Click on the waterbody for an interactive map Frequent Question • About This Database (Integrated Report) • Assessing Water Qua (questions and Anstn • 2006 Integrated Rep Guidance • Previous National Wa Quality Reports •. Enviro Mapper for Wa • AskWATERS • EPA WATERS Homep Water Quality Assessment Status for Reporting Year 2006 The overall status of this waterbody is Impaired. Description of this table httn://iasnuh.enasov/tmdl watersl0/attains waterbodv.control?p list id=&p au id=INW... 2/23/2009 Waterbody Quality Assessment Report ~ WATERS ~ US EPA • Page 2 of 2 Causes of Impairment for Reporting Year 2006 t)ocrrintinn of Chic tahle Cause of Cause of Impairment Designated Use State TMDL Development Impairment Grou s Status Escherichia Coli (E. pathogens Full Body Contact MDL needed Coli Probable Sources Contributing to Impairment for Reporting Year 2006 Description of this table Probable Source Probable Source Group Cause(s~ of Impairment Non-Point Source Uns ecified Non pint Source Escherichia Coli (E. Coli) TMDLs That Apply to this waterbody ~• No TMDL data have been recorded by EPA for this waterbody. Previous Causes of Impairments Now Attaining All Uses No causes of impairment are recorded as attaining all uses for this waterbody. i• httn~//iasnnh.ena unv/imrll watersl0/attains waterbodv.control?n list id=&o au id=INW... 2/23/2009 IDEM: Indiana TMDL Projects and Reports Page I of 4 ~~ Indiana TMDL Projects and Reports Completed and in Progress Projects TMDL Reports TMDLs Under Develo pment TMDL Name Appendices Notes Progress Busseron Creek Aooendix A [PDF] Draft TMDL and Appendix Working on Draft (Revisedl (PDFI Aooendix B [PDF] B revised 09/02/2008 Appendix Bl [PDFI Appendix C fPDF7 Aooendix D (PDFI Aooendix E [PDF] Aooendix F [PDF] Appendix G [PDF] Appendix H [PDFI Aooendix I [PDF] Iron and Aluminum Criteria Supporting Documentation [PDFI Previous Revised Draft TMDL (PDFI Whitewater River. West Appendices B. C and D ~ Working on Draft • Fork [DOCI PPT Wildcat Creek, Upper Working on Draft Wildcat Creek, Middle Working on Draft Fork Wildcat Creek, Lower Working on Draft TMDLs on Public Notice TMDL Document Appendices Notes End of Notice* *All comments are due in writing by close df business on the date specified Kankakee/Iroquois • Counties Affected: . .Apr 17, 2009 Watershed (E-cold St Joseph, Marshall, PDF LaPorte, Starke, Porter, Lake, Newton, Jasper, Benton, White, Pulaski, Kosciusko, Elkhart • Availability for Public Comment: Yes • Where Comments Can be Sent: o Staci Goodwin o Indiana Department ( of ~ Environmental Management o Office of httn://www.in.unv/idem/4fi85.htm 3/30/2009 IDEM: Indiana TMDL Projects and Reports Page 2 of 4 Water Quality 0 100 N. Senate Ave o Indianapolis, IN 46204- 2251 Approved TMDLs TMDL Document Ap pendices Parameter Approval Date Beanblossom Creek E. coli April 2, 2006 DOC Big Blue River [PDFI E. coli July 31, 2006 Duck Pioe, Killbuck, E. coli April 23, 2008 Stony Creek f PDF] Fall Creek iPDF] E. coli March 31, 2004 First Creek [DOC] Ao oendix A f DOCI E. coli April 29, 2005 Ao oendix B~ PPTI Ao oendix C ( PPTI Flatrock-Haw Creek Ao oendix A LDOCI E. coli September 22, 2005 DOC Ao oendix B [ PPTI Ao oendix C f PPTI Fig ures 1-6 ( PPTI Indian Creek [DOC] Ao oendix A [ XLSI E. coli July 19, 2005 Ao oendix B [ PPTI Ao oendix C [ PPTI Kessinger Ditch [DOC] Ao oendix A [ DOCI E. coli April 5, 2005 ~~ Ao oendix B ( PPTI Ao T oendix C (PPTI Kokomo Creek [PDFI Dissolved Oxygen, March 5, 2001 Ammonia Lake Michigan [DOCi E. coli September 1, 2004 Lambs Creek fDOC] Ao oendix A (XLSI E. coli March 1, 2006 Ao oendix B [PPTI Ao oendix C [PPTI Limberlost Creek [PDFI Ao oendix A jDOCI Nitrogen, Phosphorus, July 16, 2007 Ao oendix B [DOCI Total Suspended Solids Little Calumet River E. coli January 28, 2005 and Burns Ditch (PDFI Lower Eel River [DOCI Ao oendix A fDOCI E. coli March 28, 2005 Ao oendix B (PPTI Ap pendix C (PPTI Pleasant Run [PDFI E. coli March 31, 2004 Plummer Creek [PDFI E. coli June 8, 2006 Prairie Creek [DOC] Ao oendix A IDOCI E. cola December 13, 2004 Ao oendix B PPTI Ap T pendix C (PPTI Richland Creek (PDFI E. coli August 3, 2006 Salt Creek fPDF] E. coli September 27, 2004 St Joseph River [DOCI A ooendix A fDOCI E. coli July 21, 2004 ~ ~ A ooendix B [PPTI . A ooendix C (PPTI St. Marys and Maumee E coli Final Figures E. coli, Impaired Biotic August 21, 2006 (E. DOC PPT Communities (IBC), coli) httn •lhu~uw_ i n. unvli dem/46RS.htm 3/30/2009 IDEM: Indiana TMDL Projects and Reports Page 3 of 4 E: coli Appendix A Nutrients September 22, 2006 { XLS (IBC) ._ E. coli Appendix B PPT E. coli Aooendix C PPT E. coli Aooendix D XLS E coli Aooendix E PPT E coli Appendix F PPT IBC Final Figures fPPTI IBC Appendix A fPPTI IBC Appendix B fPPTl IBC Appendix C fPPTI Suoar Creek [DOCI Aooendix A [XLSI E. coli May 14, 2007 Appendix B LPT] Aooendix C fPPTI Attachment 1 [XLSI Attachment 2 [XLSI Trail Creek Cover Paoe (PDFI E. coli March 1, 2004 Executive Summary PDF Section 1 fPDFI Section 2 (PDFI ~• Section 3 [PDFI Section 4 [PDFI Section 5 PDFI Section 6 (PDFI Section 7 (PDFI Section 8 [PDFI .Section 9 f PDFI Aooendices 1 & 2. Figures [PDFI Uooer Mill Creek fDOCI T Aooendix A [DOCI E. coli March 31, 2005 Appendix B [PPT] Aooendix C fPPTI Wabash River [PDFI E. coli, Nutrients, IBC, September 22, 2006 Dissolved Oxygen, pH Whitewater River, East Aooendix A fDOCI E. coli July 26, 2007 Fork [PDFI Aooendix B fPPTI Aooendix C fPPTI White River Middle Aooendix A [DOCI E. coli July 21, 2005 West Fork fDOCI Appendix B fDOCI Aooendix C fPPTI Aooendix D [PPTI White River. West Fork E. coli March 31, 2004 (Marion County to Waverer (PDFI White River. West Fork E. coli April 9, 2004 Muncie to Hamilton- Marion Count~Line) DOC httn•//wiznu in. vnv/itlem/4f,R5-htm 3/30/2009 IDEM: Indiana "I`MDL Projects and Reports White River. West Fork (• (Owen. Greene and Monroe Counties) PDF Wildcat Creek, South Fork fPDF] Aooendix A [XLSI E. coli Appendices B & C [PPTI E. coli, Nitrogen, Phosphorus, Total Suspended Solids ~• i• httn•/hzntnu in onv/i riem /4FR5 htm Page 4 of 4 August 16, 2007 July 31, 2008 3/30/2009 i' •' Appendix B Endangered Species Act Documentation LOV'E'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 97 of 99 i'•- 1~ P's` l °f 1 Indiana Comty Endangered, Threatened and Rare Species List llmrzros County: Hamilton Spain Name Cavmor Namc FED SLATE GRANK SruNK Mollusk: Bivalvia (Mttssds) Epioblasma torulosa mngiana Nocthem RiRlesheB LE SE G2T2 SI Epioblasma triqueha Snuffbox SE G3 S] Lampsiis fasciola Wavymycd Lempmussel SSC G4 52 L'gumia recta Hlack SandsheB GS 52 Obovaria suhmtunda Round Hickorynm SSC G4 S2 Plethobasus ryphyus Sheepnose C SE G3 SI Pleurohema Gava Clvbshell LE SE G2 S1 Ptychobranchus tasciolaris Kidnryshell SSC G4G5 S2 Quadrula cylintlrica cylindnq Rabbitsfoo[ SE G3T3 S] Toxolasma lividus purple Lilliput SSC G2 S2 Toxolasma parwm Ligiput GS 52 Villosa fabalis Rayed Bem C SSC G1G2 SI Villosa lienosa Little Spectaderam SSC GS S2 Fish Ammocrypta pellucitla Eastern Sand Darter G3 52 Amphibian - Neclums maculosus Common modpuppy SSC GS 52 Reptile Clemmys gultata Spotted Turtle SE GS S2 Sistrurus wtenaWS catenatus Eastern Massasauga C SE G3G4T3T4 52 Bird Bartramia longicautla Upland Sandpiper SE GS 53B Buteo lineatus Red-shouldcrM Hawk SSC GS 53 Certhia americans Browv Crecpcr GS S2B Dendroi~a cerulea Cenileav Warbler SSC G4 S3B Ixobrychus exilis Lean Hinem SE GS S3B Nyclimrex nycticorax Blackcmwved Night-heron SE GS SIB Thryomanes bewicldi Bewick's Wrev GS SIB Mammal Lynx tutus Bobcat No $faW3 GS SI Taxidea taxus American Badger GS 52 Vaecular Plant Armoracia aquatics Lake Cress SE G4? S1 Chelone obliqua var. spedosa - Rose Turtlehead WL G4T3 S3 Drosera intermedis Spoon-leaved Sundew SR GS 52 Platanthera leucophaea Prairie White-fringed Orchid LT SE G3 SI }Hg6 Quality Natural Community Forest - floodplain wet-mesic Wet-mesic Floodplaiv Forest SG G37 S3 Forest -upland mesic Mesic Upland Forest SG. G3? 53 Wiam Naeual Fk~itage 6ma Ceopr f 1 LE = EodmBCrtJ; LT = Ibmamrod: C = ovtidalc: PDL = PmPwed fm EGi~ng Divisiov of Nmm Pnacncv Swe: SE = stm admsmc4 Sf = .mlc tWwhvM; SR = sple ruG SSC = suh species d sp=cial wnam; ladiam Orryvmus of NaWml R mrw SX = sa¢ egi~pmW: SG = smc aB~6caar; WL = ~wtrL IiA Tbu &h o mt tlrc malt of mvpmbemw wumy GRANK: Globd Fkdmg RmYC GI = mitimllY impeNed globally, G2 = impeNM grobaDy- G3 = rue w uordnmw a,wrls rJomlq: Ga = aawued and abuMaN P,tobdy bw ..;m long rend maamr; cs = .;aemtid ab abwdam . globaly, G? = mvavlmA: GX = emvq Q = muenam r®k T = Im®mnic suWnit rmk SRANK Sme Fkdfapt Rmk Sl = rddraRY impenleE N 99e; 52 = impenlM w NN: 53 = ru< a ureommca m 5&c; Gd = widesp~d and ebndmt w sun bn xva lag earn wnam; SG = vme sippificm4 SH = binodW m srarK SX = ame ex6mvd; R = bmcdivg saeu; S? _ ~waike4 SNR = umm~ke4 SNA = vonbreedivg ems wrml d '. .Appendix C Critical Habitat Documentation l ;• LJ LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 98 of 99 Page 1 of 2 '~: ~' I• Dan Yanosh From: Michael_Litwin@fws.gov Sent: Tuesday, March 03, 2009 3:59 PM To: Dan Yanosh Subject: Re: Threatened and Endangered Species Determination The only federally endangered species whose range includes that site is the Indiana bat. There are no records of that species near the site. Because the site is totally developed it contains no habitat for Indiana bats (or any other wildlife). Michael Litwin US Fish and Wildlife Service 620 South Walker Street Bloomington, IN 47403 (812) 334-4261 ext. 205 "Dan Yanosh" <dyanosh@apd.com> 03/03!2009 01:34 PM Michael, TO <michael_litwin@Tws.gov> Subject Threatened and Endangered Species Detennina6on Per our phone conversation, could you please provide me a listing of known occurrences of Threatened and Endangered species in the area of 14598 Lowe's Way, Carmel Indiana? Attached is a location map and a vicinity map for your reference. If you have any questions please feel free to call. Daniel P. Yanosh Jr. PE, CPESC Project Engineer APD Engineering & Architecture, PLLC 615 Fishers Run Victor, NY 14564 (585) 742-2222 x246 (585) 742-0229 Direct (~ (585) 924-4914 Fax www.apd.com THESE FILES ARE PROVIDED ONLY FOR THE CONVENIENCE OF THE RECEIVING PARTY AND ARE INTENDED SOLELY FOR THE EXCLUSIVE USE BY THAT PARTY FOR THE PURPOSES EXPRESSLY AUTHORIZED. IN ACCORDANCE WITH STANDARD INDUSTRY zi4nnnq Page 2 of 2 PRACTICE, ONLY PRINTED COPIES OF DOCUMENTS CONVEYED TO YOU BY APD ENGINEERING MAY BE RELIED UPON. ANY USE OF ' - THE INFORMATION OBTAINED OR DERNED FROM THESE ELECTRONIC FILES WILL BEAT THE RECEMNG PARTY'S SOLE RISK • BECAUSE DATA STORED IN ELECTRONIC MEDIA FORMAT CAN DETERIORATE OR BE MODIFIED INADVERTENTLY OR OTHERNASE WITHOUT AUTHORIZATION OF THE DATA'S CREATOR, THE RECEIVING PARTY AGREES THAT IT HAS THE OBLIGATION TO PERFORM ACCEPTANCE TESTS PRIOR TO USING ANY OF THE DATA. UPON USE OF THE DATA, RECEMNG PARTY SHALL BE DEEMED TO HAVE ACCEPTED THE DATA THUS TRANSFERRED. CONFIDEN7IALITYRND PRIVILEGE NOTICE: This message constkutes a confidential communication. It is not intended for transmission to, or receipt by, any unauthorized persons. if you have received this electronic mail transmission in error, do not read it Please delete it from your system without copying it, and notify the sender by reply e-mail or by calling 585.742.2222, so that our address record can be corrected. Please consider the environment before printing this a-mail [attachment " 20090303132559344.pdf' deleted by Michael Litwin/R3/FWS/DOI] (• ~~an.no9 Appendix D Historic Resources Documentation ~• LOWE'S OF CARMEL, INDIANA SECTION 800 REVISED: 2/12/09 Page 99 of 99 Page 1 of 3 i, .. • C• Dan Yanosh From: Rebecca Smith [central@historiclandmarks.org] Sent: Friday, March 06, 2009 4:10 PM To: Dan Yanosh Subject: RE: Historic site confirmation Dan It appears that there aren't any houses that will be impacted by your project. Thank you for contacting us! Rebecca Rebecca Smith Community Preservation Specialist Historic Landmarks Foundation of Indiana 1028 North Delaware Street Indianapolis, IN 46202 317.639.4534 Fax: 317-639-6720 central@h istoriclandmarks.org www. historiclandmarks.org From: Dan Yanosh [mailto:dyanosh@apd.com] Sent: Thursday, March 05, 2009 11:18 AM To: Rebecca Smith Subject: RE: Historic site confirmation Thank you. I have attached a .PDF plan of the proposed improvements for your reference. The project is only an expansion to the existing garden center. The concrete hatched area on the East side of the existing building is the proposed expansion. The entire property is currently developed and all proposed improvements will occur within the existing parking lot. If you have any questions please feel free to call. [7aniel p, Yanosh Jr. P~, Cf'~SC Project Engineer APD Engineering & Architecture, PLLC 615 Fishers Run Victor, NY 14564 (585) 742-2222 x246 (585) 742-0229 Direct (585) 924-4914 Fax www,apd.com THESE FILES ARE PROVIDED ONLY FOR THE CONVENIENCE OFTHE RECEIVING PARTY AND ARE INTENDED SOLELY FOR THE ~• EXCLUSIVE USE BY THAT PARTY FOR THE PURPOSES EXPRESSLY AUTHORIZED. IN ACCORDANCE WITH STANDARD INDUSTRY PRACTICE, ONLY PRINTED COPIES OF DOCUMENTS CONVEYED TO YOU BY APD ENGINEERING MAY BE RELIED UPON, ANY USE OF THE INFORMATION OBTAINED OR DERIVED FROM THESE ELECTRONIC FILES WILL BEAT THE RECEIVING PARTY'S SOLE RISK. BECAUSE DATA STORED IN ELECTRONIC MEDIA FORMAT CAN DETERIORATE OR BE MODIFIED INADVERTENTLY OR OTHERWISE WITHOUT AUTHORVATION OF THE DATA'S CREATOR, THE RECEIVING PARTY AGREES THAT IT HAS THE OBLIGATION TO PERFORM ACCEPTANCE TESTS PRIOR TO USING ANY OF THE DATA. UPON USE OF THE DATA, RECEIVING PARTY SHALL BE DEEMED TO HAVE 3/6/2009 Page 2 of 3 ACCEPTED THE DATA THUS TRANSFERRED. I•..-,. CONFIDENTIALITY AND PRIVILEGE NOTICE: This message constRutes a confidential communication. It is not intended for trensmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, do not reatl it Please delete it from your system without copying it, and notify the sender by reply a-mail or by calling 585.742.2222, so that our address record can be corrected. Please consider the environment before printing this a-mail From: Rebecca Smith [mailto:central@historiclandmarks.org] Sent: Thursday, March 05, 2009 11:09 AM To: Dan Yanosh Subject: RE: Historic site confirmation Dear Mr. Yanosh, I wanted to acknowledge that I have received your email. I will travel up to the area within the next couple of days to ensure that there are no historic sites that will be negatively affected by the Lowe's expansion. I will be in touch shortly. Thank you for your email. Rebecca Rebecca Smith Community Preservation Specialist Historic landmarks Foundation of Indiana 1028 North Delaware Street Indianapolis, IN 46202 317.639.4534 Fax:317-639-6720 • ce n tra I@ h i sto ri c l a n d m a rks. o rg www. historiclandmarks.org From: Dan Yanosh [mailto:dyanosh@apd.com] Sent: Tuesday, March 03, 2009 223 PM To: Rebecca Smith Subject: Historic site confirmation To Whom it may Concern, I am conducting an investigation on behalf of my client, Lowe's Home Center Inc., to determine if there are any historic sites that would be affected by the construction of an expansion to the existing Lowe's Home Improvement Store located on 14598 Lowe's Way in Carmel, Indiana. Could you please provide confirmation that there are no Historic sites located in the vicinity of the proposed site that would be affected by this project? I have provided a location map and vicinity map for your reference. A reply to this email would be greatly appreciated. Thank you for your attention to this matter. If you have any questions please feel free to call. [7anlel P, Yanosh Jr, P~, CP~SC Project Engineer APD Engineering & Architecture, PLLC ~.• 615 Fishers Run Victor, NY 14564 (585) 742-2222 x246 (585) 742-0229 Direct 3/6/2009 Page 3 of 3 (585) 924-4914 Fax ~ www.apd.com • ~: ~ THESE FILES ARE PROVIDED ONLY FOR THE CONVENIENCE OF THE RECEIVING PARTY AND ARE INTENDED SOLELY FOR THE - ~ EXCLUSIVE USE BY THAT PARTY FOR THE PURPOSES EXPRESSLY AUTHORIZED. IN ACCORDANCE WITH STANDARD INDUSTRY PRACTICE, ONLY PRINTED COPIES OF DOCUMENTS CONVEYED TO YOU BY APD ENGINEERING MAY BE RELIED UPON. ANY USE OF THE INFORMATION OBTAINED OR DERIVED FROM THESE ELECTRONIC FILES WILL BE AT THE RECEIVING PARTY'S SOLE RISK. BECAUSE DATA STORED IN ELECTRONIC MEDW FORMAT CAN DETERIORATE OR BE MODIFIED INADVERTENTLY OR OTHERWISE WITHOUT AUTHORIZATION OF THE DATA'S CREATOR, THE RECEIVING PARTY AGREES THAT IT HAS THE OBLIGATION TO PERFORM ACCEPTANCE TESTS PRIOR TO USING ANY OF THE DATA. UPON USE OF THE DATA, RECEIVING PARTY SHALL BE DEEMED TO HAVE ACCEPTED THE DATA THUS TRANSFERRED. CONFIDENTIALITY AND PRIVILEGE NOTICE: This message constitutes a confidential communication. It is not intended for transmission to, or receipt by, any unauthodzed persons. If you have received this electronic mail transmission in error, do not read it Please delete it from your system without copying iR and notify the sender by reply e-mail or by calling 585.742.2222, so that our address record can be corrected. Please consider the environment before printing this a-mail ~•. • 3/6/2009