Rule 5 Phase II
327 IAC 15-5-5, also known as Rule 5 Phase II, is a new
change in state regulation aimed at reducing sedimentation and and erosion on land under development. The purpose of this rule is to reduce pollutants, principally, sediment, as a result of soil erosion, in storm water discharges into surface waters of the state from sites where construction activity disturbs
1 acres or more of the site. In contemplation of recent federal court decisions, persons with sites greater than 1 acre are invited to comply as well.
To comply with Rule 5, a developer must do the following:
- Prepare an erosion control plan that satisfies the required elements listed in 327 IAC 15-5-7 and send it to the Soil and Water Conservation District office in the county where the project will take place. The erosion control plan must meet the minimum requirements of Rule 5 prior to any construction activity takes place.
- Be sure that the contractor responsible for constructing and installing the improvements. A copy of development plans must be on site and the contractor is following the erosion control portion of the development plans.
- Prepare and submit a complete Notice of Intent (NOI) to: IDEM, Office of Water Management, Permits Section, PO Box 6015, Indianapolis, Indiana 46206-6015 and
- Pay the Notice of Intent (NOI) fee of $100 made payable to the Indiana Department of Environmental Management.
Failure to comply with the Rule could result in heavy fines or costly work stoppages. The USDA Natural Resources Conservation Service, IDEM, IDNR-Division of Soil Conservation, Hoosier Heartland RC&D and local Soil and Water Conservation Districts have been conducting seminars to help familiarize the public with Rule 5 and making erosion control plans.
The Indiana Department of Natural Resources, Division of Soil Conservation has developed a useful guide for parties affected by Rule 5 known as the INDIANA HANDBOOK FOR EROSION CONTROL IN DEVELOPING AREAS. It is a 254 page handbook in binder form (for easy updating) and is avalilable for $25.00.
The Indiana Department of Natural Resources - Division of Soil Conservation has developed a checklists that developers and/or engineers can use in assisting and complying with Rule 5
Phase II on construction sites.
The Indiana Department of Environmental Management requires a "Notice of Intent" per the requirements of Rule 5
For more information on Rule 5 Phase II or construction sites in Hendricks County, contact us at at (317) 745-2555
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