Rule 5

	Rule 5 Erosion Control Program
	Rule 5 - STORM WATER RUNOFF ASSOCIATED WITH CONSTRUCTION ACTIVITY
	Research over the past three decades has found that erosion rates from construction sites are ten times higher than those measured on row croplands and more than 100 times higher than erosion rates on well vegetated lands. Soil loss from new development can range from 20 to 150 tons per acre, per year. The national average for soil erosion from cropland is about 8 tones per year. Soil lost to streams, rivers, and lakes have a profound effect on water quality, including our drinking water. Furthermore, excessive erosion of soil into ditches increases the frequency of ditch maintenance, which is an economic impact.

	The purpose of 327 IAC 15-5 (Rule 5) is to reduce pollutants, principally sediment as a result of soil erosion, in storm water discharges into surface waters of the state. The requirements of Rule 5 apply to all persons who are involved in construction activity (which includes clearing, grading, excavation and other land disturbing activities) that results in the disturbance of one (1) acre or more of total land area. If the land disturbing activity results in the disturbance of less than one (1) acre of total land area, but is part of a larger common plan of development or sale (such as the development of a subdivision or industrial park), it is still subject to storm water permitting.

	Those responsible for adhering to the rule are known as the project "operators". Operators are required to do the following before starting a construction activity that will disturb 1 or more acres:

	1. Submit an Erosion and Sediment Control Plan (ESCP) to the DeKalb County Soil and Water Conservation District (projects in DeKalb County only). ESCPs must be submitted BEFORE construction may begin.
	2. File a Notice of Intent (NOI) on State Form 47487 to Indiana Department Environmental Management (IDEM) along with the following:
	** $100 check or money order payable to IDEM
	** Verification of an approved plan
	** Submit to IDEM proof of publication in a newspaper of general circulation in the affected area notifying the public that a construction activity is to commence. Include the start date, end date, and location of the project, and the name and address or phone number of the contact person.
	State forms and additional information may be obtained online at IDEM's website:
	www.in.gov/idem
	Click here for instructions on finding Rule 5 information on the IDEM website as of July 31, 2007