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Who needs permit coverage?
If your construction project disturbs one acre or more of land through cleaning, grading, excavating, or stockpiling of fill material, you may need permit coverage. Remember to count the acreage of the entire project even if you are responsible for only a small portion.
How Do I Get Storm Water Permit Coverage for My Construction Site?
- Read EPA's Construction General Permit (CGP)
Read EPA’s permit carefully, and remember that operators are legally responsible for complying with all its provisions.
- Develop a Storm Water Pollution Prevention Plan (SWPPP), also known as an Erosion Control Plan (ECP)
The ECP is a plan for how you will control storm water runoff from your construction site. A typical erosion and sediment control plan consists of two parts, the narrative and the construction drawings. Because a good erosion control plan can be somewhat complex, operators may want to enlist the assistance of a professional to save time. The ECP must be completed before you file an NOI to apply for coverage under EPA’s permit. The plan must be available on-site to government officials and the public upon request.
Because every site is unique, every ECP is unique. The ECP needs to be updated as your work progresses.
Basic Erosion Control Principles:
- Divert offsite storm water away from disturbed or exposed areas of the construction site.
- Install BMPs to control erosion and sediment transport and manage stormwater.
- Inspect the site regularly and properly maintain BMPs, especially after rainstorms.
- Revise the ECP as site conditions change during construction and improve the ECP if BMPs are not effectively controlling erosion and sediment transport.
- Minimize exposure of bare soils to precipitation when possible.
- Keep the construction site clean by putting trash in trash cans, keeping storage bins covered, and sweeping up excess sediment on roads and other impervious surfaces.
REMEMBER: Many local governments already require operators of construction projects to install erosion and sediment control BMPs. EPA’s CGP also requires operators of construction sites to address other potential sources of storm water pollution. Operators must implement appropriate BMPs to minimize the potential for spills of materials such as fuels and hazardous liquids and to control construction site wastes, trash, concrete and paint washout, etc.
Need help developing your ECP?
- Click on the link to the right to view a presentation to assist you in preparing your erosion control plan.
- See an example of Erosion Control Plan Narrative
Submit your ECP for review
Once your erosion control plan is complete, you will need to submit it for review to one of two agencies, depending on the location of your project. If your project is located within the Terre Haute Sanitary District (click here for a map), please submit it to the City of Terre Haute Department of Engineering.
Department of Engineering
City of Terre Haute
17 Harding Ave, Room 200
Terre Haute, IN 47807
Phone: (812) 232-4028
Fax: (812) 234-3973
Email: engineering@terrehaute.in.gov
If your project is located outside of the Terre Haute Sanitary District, but within Vigo County, please submit your Erosion Control Plan to Jan Came at the Vigo County Soil and Water Conservation District (SWCD) for review.
Jan Came, Urban Conservationist
Vigo County Soil and Water Conservation District
3241 S. 3rd Place, Honey Creek West
Terre Haute, IN 47802-5252
(812)-232-0193 ext. 3
(812)-234-9629
website: Vigo County SWCD
You will deliver your Erosion Control Plan for review at the Vigo County SWCD Office. The SWCD and Natural Resources Conservation Service (NRCS) are housed in the USDA Service Center located in Honey Creek West, behind Honey Creek Square Mall.
- Complete an endangered species determination for the project site
The operator must assess the potential effects of storm water runoff on federally listed endangered and threatened species and any designated critical habitat on or near the site. In making this determination, the operator needs to consider areas beyond the immediate footprint of the construction activity and beyond the property line – areas that could be affected directly or indirectly by storm water discharges.
View a list of endangered, threatened, and rare species in Indiana at Indiana’s DNR site. You can view this information for each county in Indiana.
- File a Notice of Intent
Once the Erosion Control Plan has been accepted, you send a Rule 5 Notice of Intent (NOI) form to the Indiana Department of Environmental Management (IDEM) for review, along with a copy of the review form showing verification that the reviewing agency accepted the ECP and also proof of publication in a newspaper of general circulation in the affected area that notified the public that a construction activity is to commence. The NOI form lets IDEM know that you are filing for permit coverage. It is also your certification that you have read, understood, and implemented the requirements of the Rule 5 permit.
Summary of Documents Required for Submittal to IDEM:
- Rule 5 NOI, completed and signed
- Copy of ECP Review Form showing ECP acceptance.
- Proof of Publication in newspaper
Who submits an NOI?
The operator submits a NOI form. Operators may include owners, general contractors, and subcontractors. The operator is the entity that has operational control over the construction plans or day-to-day activities that are necessary to implement the Storm Water Pollution Prevention Plan (SWPPP). On some sites, several entities may meet the definition of operator and all must file NOIs.
It is the responsibility of the operator(s) to develop and implement a SWPPP and maintain all the best management practices (BMPs) during each stage of the project. Best management practices are the techniques (buffers, silt fences, detention ponds, swales, etc.), schedules of activities, prohibitions of practices, and maintenance procedures to prevent or reduce the discharge of pollutants.
- Implement all BMPs outlined in your ECP
Remember to follow the measures laid out in your ECP. All BMPs must be inspected and maintained regularly. Inspections are required either (1) at least every 7 days or (2) at least once every 14 days and within 24 hours of the end of a rain event of ½ inch or more. The plan must be updated as site conditions and BMPs change. Remember to keep records of your maintenance activities and any ECP modifications for review during construction.
- File a Notice of Termination (NOT)
Submission of the NOT letter constitutes notice to the Commissioner that the project site owner is applying for Termination of Coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit Rule for Storm Water Discharges Associated with Construction Activity. Click here for the IDEM Rule 5 NOT Form.
EPA Resources
Helpful Brochures made by the EPA:
EPA Fact Sheets:
Helpful Resources for Operators
- 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.
- IDEM FAQs
- Indiana Storm Water Quality Manual
- Attend the 12th Annual Central Indiana Stormwater Quality Workshop for Contractors, Builders, Developers, Engineer Site Designers, Property Managers, MS4s & Consultants February 10 &11, 2010 at the Marriot East in Indianapolis. Find out more at uwrwa.org.
- Attend the 2010 Indiana MS4 Annual Meeting on Thursday, April 22, 2010 in Anderson, Indiana. See our Stormwater Education page to learn more details.
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