person having financial responsibility or operational control for a facility
regulated under this rule shall develop implement, update, and maintain a SWP3
(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 to be exposed to storm
(3) assures compliance with
the terms and conditions of this rule;
(4) lists, by position title, the member or
members of a 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, maintenance, and
identifies the responsibilities of each storm water pollution prevention team
must include a map and description of all areas of the 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 the
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
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 to a storm water
(B) Known adjacent
property drainage and discharge conveyances, if directly associated with
run-off from the facility.
on-site and known adjacent property waterbodies, including wetlands and
(D) An outline of the
drainage area for each storm water outfall.
(E) An outline of the facility property
indicating directional flows, via arrows, of surface drainage
(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.
injection wells, as applicable.
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) All permanently designated plowed or
dumped snow storage locations.
All loading and unloading areas for solid and liquid bulk materials.
(M) All existing and historical outdoor
storage areas for raw materials, intermediary products, final products, and
(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
(Q) Outdoor waste storage or
(R) Pesticide or
herbicide application areas.
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.
An area map that indicates:
(A) the topographic relief or similar
elevations to determine surface drainage patterns;
(B) the facility boundaries outlined in a
receiving waters; and
drinking water wells;
and includes, at a minimum, the features in clauses (A), (C),
and (D) within a one-fourth (¼) mile radius beyond the property
boundaries of the facility. This map must be to scale and include legend and
A narrative description of areas that
generate storm water discharges exposed to industrial activity and have a
reasonable potential for storm 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 storm water discharges
exposed to industrial activity and be a reasonable potential source of storm
water exposure to pollutants. The narrative descriptions for each identified
area must include the following:
(A) Type and
typical quantity of materials present in the area.
(B) Methods of storage, including presence of
any secondary containment measures.
(C) Any remedial actions undertaken in the
area to eliminate pollutant sources or exposure of storm water to those
sources. If a corrective action plan was developed, the type of remedial action
and plan date shall be referenced.
Any significant release or spill history
dating back a period of three (3) years from the date of the initial NOI
letter, in the identified area, for materials spilled outside of secondary
containment structures and impervious surfaces in excess of their reportable
quantity, including the following:
date and type of material released or spilled.
(ii) The estimated volume released or
(iii) A description of the
remedial actions undertaken, including disposal or treatment. Depending on the
adequacy or completeness of the remedial actions, the spill history shall be
used to determine additional pollutant sources that may be exposed to storm
water. In subsequent permit terms, the history shall date back for a period of
five (5) years from the date of the NOI letter.
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 area. The analysis must include the
(i) Toxicity data of chemicals or
materials used within the area, referencing appropriate material safety data
sheet information locations.
The frequency and typical quantity of listed chemicals or materials to be
stored within the area.
Potential ways in which storm water discharges may be exposed to listed
chemicals and materials.
likelihood of the listed chemicals and materials to come into contact with
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 listed in subdivision (3)(J) through (3)(S) and
any other areas thought 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
(C) The ultimate disposal of
any solid or fluid wastes collected in structural control measures other than
applicable, the specific control practices and measures for potential pollutant
source areas must include the following:
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.
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 storage piles, except for exposure resulting from the addition or
removal of materials from the pile. For piles that do not have the potential
for polluting storm water run-off, the plan needs to provide the basis for
determining no exposure potential. The plan must be included in the
(C) Storage piles of sand and
salt or other commercial or industrial materials must be 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).
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. If the monitoring data is not placed into the facility's
SWP3, 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 to indicate water quality improvements in
the run-off from the facility. If the parameters and sample type are identical,
historical storm water monitoring data at each discharge out fall 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.
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:
A written preventative maintenance
program, including the following:
Implementation of good housekeeping practices to ensure the facility will be
operated in a clean and orderly manner and that pollutants will not have the
potential to be exposed to storm water via vehicular tracking or other
(B) Maintenance of storm
water management measures, for example, catch basins or the cleaning of oil or
water separators. All maintenance must be documented and either contained in,
or have the on-site record keeping location referenced in, the SWP3.
(C) Inspection and testing of facility
equipment and systems that are in areas of the facility that generate storm
water discharges and have a reasonable potential for storm water exposure to
pollutants to ensure appropriate maintenance of such equipment and systems and
to uncover conditions that could cause breakdowns or failures resulting in
discharges of pollutants to surface waters.
(D) At 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 that have the potential to engage in
industrial activities that impact storm water quality of the components and
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
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.
A written nonstorm water
assessment, including the following:
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.
Detergent or solvent-based washing of equipment or vehicles that would allow
washwater additives to enter any storm drainage system or receiving water shall
not be allowed at the facility.
All interior maintenance area floor drains with the potential 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 wastewater program pursuant to 327 IAC 5
sealing, sanitary sewer connecting, or permitting of drains under this clause
must be documented in the written nonstorm water assessment program.
(D) The certification shall include a
description of the method used, the date of any testing, and the on-site
drainage points that were directly observed during the test.
(4) If parameter 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 to the extent
technologically practicable and cost beneficial. A lack of reduction does not,
in and of itself, constitute a violation of this permit. However, insufficient
reductions may be used to identify facilities that would be more appropriately
covered under an individual storm water NPDES permit. If parameter
concentrations are at, or below, laboratory detection limitations, further
reductions are not necessary.
The SWP3 must meet the following general
(1) The plan shall be certified
by a qualified professional.
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 a timely-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 a
timely-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
regulated under this rule shall amend the plan by either of the following:
(A) Whenever there is a change in design,
construction, operation, or maintenance at the facility, which may have a
significant effect on the potential for the discharge of pollutants to surface
waters of the state.
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 of a SWP3, these plans may be
referenced, at the permittee's discretion, in the appropriate sections of the
SWP3 to meet those section requirements.
A permittee may combine the requirements
of the SWP3 with another written plan if:
the plan is retained at the facility and available for review;
(B) all the requirements of the SWP3 are
contained within the plan; and
a separate, labeled section is utilized in the plan for the SWP3