St. Joseph County Stormwater & Urban Conservation - Rule 5 / Rule 13 / MS4 Regulations
	SWCD Staff Contacts Andy Fox, County Conservationist Stationed in South Bend – 574.291.7444 x 3   Email: andrew.fox@in.nacdnet.net

Plan Submission ~ Contacts for St. Joseph County   (Last Updated: 12-02-10)    Throughout St. Joseph county, several persons have been established by local municipalities for overseeing the sediment control of construction projects that will disturb more than 1 acres of soil.      For projects within the city limits of South Bend (including Ivy Tech Community College) MS4/Rule 13 Storm Water Quality Management Plans (SWQMP’s) are to be submitted to the City of South Bend's Engineering Department, ATTN: John Engstrom (574-235-5933).   Three copies of the SWQMP should be submitted, along with a $100.00 filing fee made payable to "City of South Bend, Indiana."      Within the city limits of Mishawaka, including Bethel College, MS4/Rule 13 SWQMP’s are to be submitted to the Mishawaka Planning Department, ATTN: Melissa McGuire (574-258-7113).  The City of Mishawaka has three (3) different land disturbing classifications.  Contact Ms. McGuire for what is need in the SWQMP for each classification, as well as the associated fees.        Most other areas of St. Joseph County, including Osceola and Roseland, should submit MS4/Rule 13 SWQMP's to the St. Joseph County Engineering Department, ATTN: Maria Schaefer, MS4 Conservationist (574-235-9626).  One copy of the SWQMP should be submitted, along with a filing fee of $150.00 made payable to "St. Joseph County, Indiana."      In the remaining areas of the county that are incorporated, but that are either too small to have a designated oversight person, or just elect not to have one at this time, the Rule 5 Storm Water Pollution Prevention Plans (SWPPP’s) or MS4/Rule 13 SWQMP's are to be submitted to the St. Joseph County Soil and Water Conservation District, ATTN: Andrew Fox (574-291-7444, ext 3).  Mr. Fox will also be over seeing the SWQMP’s for projects being conducted by an MS4 entity (i.e. City of South Bend, City of Mishawaka).     NOTE:  All plans must be approved by the respective overseeing entity.  Once the plan is approved, a Notice of Intent (NOI) must be sent to IDEM with a $100.00 fee before construction begins.  Scroll down further on this page for more guidance on the process of submitting plans, NOI's, and other requirements for Rule 5 and Rule 13/MS4.    For a confirmation of the current filing fees and other questions you might have, contact the appropriate individual listed above.     If you are still uncertain as to who the appropriate overseeing entity is for your project, contact Andrew Fox, St. Joseph County SWCD at 574-291-7444, ext. 3 or Maria Schaefer, St. Joseph County Engineering Dept., at 574-235-9626.

 

Plan Submission ~ SWPPP or SWQMP?  Rule 5 or Rule 13/MS4?      What's the difference between an SWPPP (Storm Water Pollution Prevention Plan) and an SWQMP (Storm Water Quality Management Plan)?    There's often confusion about these two documents. They both deal with storm water quality and they both define and control the way storm water is to be handled on a specific piece of property. They both deal with Best Management Practices (BMPs) put in place to manage storm water quality and they are both mandated by local, state and federal law. But they are distinctly different documents with different goals and different responsible parties.    An SWPPP (Storm Water Pollution Prevention Plan) is temporary. It is created to define and control the handling of storm water runoff from a construction site. The SWPPP applies only to the time period in which construction activity is taking place, and is no longer operative once the soil on project site has been stabilized. The SWPPP is the responsibility of the a 'Operator' of the construction site, which is typically the General Contractor in charge of the construction activity. Typically the SWPPP site plan drawing, which is one component of the complete SWPPP, must be included in the drawings submitted for building permit approval.     In Indiana, Rule 5 makes reference to a “Construction Plan”.  At one time Rule 5 made reference to an erosion and sediment control plan. When Rule 5 was revised in , the Rule contained new terminology and requirements.  The Rule specifically requires that a set of construction plans are developed for the project site.  The Construction Plan includes general site information, project layout, grading plans, drainage plans, and the SWPPP, to name a few.  The SWPPP should include provisions to control erosion and reduce sedimentation and other pollutants associated with construction activities.  The SWPPP also includes provisions to reduce the discharge of pollutants associated with the inherent land use of the project once it is complete (Post-Construction).  The post-construction requirement is a new provision in Rule 5 (2003) and one of the reasons that an erosion and sediment control plan is now referred to as a SWPPP.       In Indiana, Rule 13.MS4 makes reference to the SWQMP (Storm Water Quality Management Plan).  Unlike the SWPPP, the SWQMP is permanent. It is created to define and control the handling of storm water runoff from the completed project site permanently. It applies to the property, post-construction and as such is the responsibility of the property owner. Typically an SWQMP must be filed and recorded as a prerequisite to filing for a building permit.    Construction/installation of the permanent storm water quality features (ponds, oil/water separators, etc.) called for in the SWQMP is typically carried out by the General Contractor during the construction and as a result, the GC is responsible for their installation according to the SWQMP specification. This means that at completion of construction, regulatory personnel typically inspect the features installed as a final step to issuance of the Owner's Storm Water Quality Permit.    (Adapted from the Construction EcoService website at http://www.ecosvs.com/swppp_or_swqmp.html)

 

Michiana Stormwater Partnership      The St. Joseph County Soil & Water Conservation District serves on a task force/committee known as the Michiana Stormwater Partnership (MSP), which maintains its website at http://michianastormwaterpartnership.org.     The purpose of the MSP includes providing educational and outreach components for the EPA’s National Pollution Discharge and Elimination System (NPDES) Phase II water quality program.    The Mission Statement of the MSP is to:      Educate our Community on the importance of good environmental stewardship of all of our rivers and streams and provide the community with information, resources, and opportunities to help them develop or enhance their own efforts for the common good.    As of December 2010, the partners of the MSP include: City of Mishawaka City of South Bend St. Joseph County Town of Roseland Town of Osceola St. Joseph County Soil and Water Conservation District Ivy Tech Community College Bethel College St. Joseph River Basin Commission/MACOG

 

Construction Site Information (Including Rule 5 / MS4 Permitting) Background       On December 8, 1999, the U.S. Environmental Protection Agency (EPA) published final Phase II National Pollutant Discharge Elimination System (NPDES) storm water regulations in the federal register.    This prompted the Indiana Department of Environmental Management (IDEM) to update Rule 5 and develop Rule 13.      EPA's Phase II National Pollutant Discharge Elimination System Page          Rule 5 The St. Joseph County Soil and Water Conservation District (SWCD), in cooperation with IDEM, reviews the Storm Water Pollution Prevention Plans (SWPPP) in St. Joseph County.  These plans must be submitted for projects which disturb 1 acre or more of land to receive permitting through IDEM. ).  If you have any questions regarding this please contact the St. Joseph County SWCD County Conservationist at 574-291-7444 ext. 3.    More Guidance for Rule 5 Compliance   IDEM's Rule 5 Page (includes links to forms) Rule 5 SWPPP Guidance 14-digit Hydrologic Unit Codes (HUC) IDEM's Step by Step Process for Compliance with Rule 5          Rule 13/MS4 Rule 13 applies to communities that have been designate as Municipal Separate Storm Sewer Systems (MS4) entities.  Rule 13 requires the development of a Storm Water Quality Management Plan (SWQMP).   The SWQMP is formally divided into three distinct components: Part A is the initial application Part B is the Baseline Characterization and Report Part C is the Implementation Plan Part A - Initial Application: The Initial Permit Application is required to be submitted with the Notice of Intent (NOI) Letter. This form can be accessed at NOI Form - State Form 51275 (available on the IDEM Forms page).  The NOI and Permit Application must be sent into IDEM for approval.  Part A is where an MS4 area is defined, meaning which entities make up the MS4 area, who is the MS4 operator, what agreements the entities have and how the MS4 is going to implement the SWQMP.    Part B - Baseline Characterization and Report:  Rule 13 requires that a SWQMP-Part B: Baseline Characterization and Report Certification Checklist (available on the IDEM Forms page).be submitted to IDEM within 180 days of the permittee's Notice of Intent (NOI) Letter submittal date.  In Part B, the MS4 operator will characterize the water quality of all water that receives storm water discharges.  The characterization must use existing and new information that best describes the chemical, biological, and physical condition of the MS4 area water quality.  After the data is collected the MS4 operator must determine which areas are in need of additional water quality measures.    Part C - Program Implementation:  Rule 13 requires that a SWQMP-Part C: Program Implementation Plan and the corresponding certification checklist form SWQMP-Part C - State Form 51280 (available on the IDEM Forms page) must be submitted within 365 days of the date of the NOI letter submittal. Part C includes a timetable of how and when the Baseline Characterization and Report are to be done and how and when the 6 Minimum Control Measures (MCM) will be completed.      The 6 Minimum Control Measures are:   1.  Public Education and Outreach   2.  Public Involvement and Participation   3.  Illicit Discharge Detection and Elimination   4.  Construction Site Run-off Control   5.  Post construction Site Run-off Control 6.  Pollution Prevention and Good Housekeeping Many of the local MS4 Entities are working together on MCM 1 and 2.  The MS4 Entities are also in the process of developing ordinances that will be put in place to cover MCM 4 and 5.  Keep visiting our website to find out when these ordinances take affect and to see how it will affect submitting you storm water pollution prevention plans.

 

Links ~ More Guidance for Operators    General Information   Storm Water Manager’s Resource Center:The Storm Water Manager's Resource Center (SMRC) web site is made possible through EPA grant funds.  This site is specifically for storm water practitioners, local government officials, and others who need technical assistance on stormwater management issues. Construction Industry Compliance Assistance Center: This is a FREE environmental compliance assistance website for contractors, builders, and developers.  It was developed with EPA grant funds and construction industry trade organization guidance. Indiana Storm Water Quality Manual Attend the 2011 Indiana MS4 Annual Meeting or other training sessions.  Four websites to keep an eye on for information on upcoming workshops are:    IDEM's Storm Water Training/Certification and Current Events Page, The Michiana Stormwater Partnership Website The TerreHauteCleanWater.com Stormwater Education Page The Elkhart Stormwater Partnership Website    The TerreHauteCleanWater.com Stormwater Education Page also includes links to a number of great informational brochures, leaflets, booklets, etc. The TerreHauteCleanWater.com Construction Page provides excellent guidance for contractors, as well.         More Guidance for Rule 5 Compliance IDEM's Rule 5 Page (includes links to forms) Rule 5 SWPPP Guidance 14-digit Hydrologic Unit Codes (HUC) IDEM's Step by Step Process for Compliance with Rule 5  IDEM's Rule 5 FAQs       More Guidance for Rule 13/MS4 Compliance IDEM's Designation Criteria and Initial Listing of MS4 Entities Designated MS4 Entities Currently Permitted by IDEMIDEM's Rule 13 Page (including links to forms and further assistance on developing SWQMP's) IDEM's Rule 13 FAQ's IDEM's Rule 13 Guidance Document (PDF) IDEM's Rule 13 Compliance Schedule IDEM's Guidance on 6 Minimum Control Measures (MCM) EPA's MS4 Page EPA's MCM Fact Sheets