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Requirements Once Construction Begins

Here are the requirements once construction (and related soil disturbing activities) have begun:

  • The project site owner must notify IDEM (specifically, the Rule 5 Coordinator) and the Soil and Water Conservation District ( SWCD ) of the actual "start date" of the project within 48 hours of the commencement of land disturbing activities. The "start date" marks the beginning of the 5 year time clock during which the Rule 5 permit is valid.
  • Runoff from the site must be treated by sediment and erosion control measures to minimize sedimentation.
  • Trash and waste must not be carried off-site by wind or storm water run-off.
  • Concrete truck washout areas must be clearly posted.
  • There shall be a stabilized stone surface at all access points to the construction site that inhibits mud and potential sediments from being carried off-site by vehicle tires.
  • Public and private roadways shall be kept clear of mud and soil tracked off-site by vehicle traffic or construction equipment. Any mud or soil that is tracked off-site must be gathered up and disposed, or redistributed on-site. Roadways may not be cleared of mud or soil by being flushed with water, such as spray from a water hose. In addition, dried mud and soil tracked onto a public roadway can, under some situations, be considered a violation of Indiana's fugitive dust rules enforced by the IDEM Office of Air Quality (See: 326 IAC 6-4-4 (PDF), and scroll down to page 69 of 82 pages).
  • The project site owner must post, near the project main entrance, or near the project field office:
    • A copy of the completed NOI letter to IDEM
    • Contact information (address, phone, and email) of the project site owner or designated contact person
    • Location of the Construction Plan, if one is not stored on-site
  • The project site owner must implement the Construction Plan, its associated Storm Water Pollution Prevention Plan, and all other measures necessary to adequately prevent polluted storm water run-off or sediment-laden run-off.
  • It is the responsibility of the project site owner to make sure that all contractors, subcontractors, and other workers are aware of the Construction Plan and the Storm Water Pollution Prevention Plan (which is part of the Construction Plan), and that all the various workers at the site ensure proper implementation of the plan.
  • Phasing of construction activities should be used where possible to minimize disturbing large areas of soil.
  • All storm water quality measures must be designed and installed under the guidance of a trained individual. (Someone trained and experienced in the principles of storm water quality, including erosion and sediment control as demonstrated by a state registration, professional certification, experience, or completion of coursework that enables the individual to make judgments regarding storm water control or treatment and monitoring.)
  • Collected run-off must either be diffused to the adjacent property or into a stable receiving channel, and may not cause erosion.
  • Natural features such as sinkholes and wetlands shall be protected from pollutants and sediments.
  • Unvegetated areas left inactive for more than 15 days must be temporarily or permanently stabilized.
  • All storm water quality measures and erosion control fixtures shall be maintained in working order.
  • A self-monitoring program must be implemented, and written evaluation reports maintained that, upon request, must be made available to inspecting authorities within 48 hours.
  • Proper storage, materials handling, and spill prevention and clean-up measures shall be implemented to minimize surface water or groundwater contamination.
  • When all land disturbing activities have been completed, a perennial vegetative cover or equivalent permanent stabilization measure must be established over at least 70% of all unpaved areas; except that projects on agricultural land must be returned to their pre-construction agricultural use.