Compliance Process for Elkhart County

The process for complying with local ordinances and State of Indiana rules in Elkhart County:

1. Submit a Storm Water Pollution Prevention Plan (SWPPP) that includes the Post-Construction Plan; a Stormwater Clearance Application; and the filing fee of $100 per disturbed acre to the Elkhart County Soil and Water Conservation District (SWCD) office. (All checks should be made to “Elkhart County Treasurer.”)  Note that partial acres are always rounded up. For example, if the project disturbs 2.1 acres, the filing fee is $300. Building permits and other permits may not be issued without SWCD approval of the SWPPP.These documents can help:
SWPPP Checklist– requirements for the SWPPP, all these items must be adequately addressed for plan approval.
Stormwater Clearance Application– must be submitted to the SWCD along with the filing fee and SWPPP.

2. Submit a Post-Construction plan to the correct jurisdiction: Elkhart, Goshen, or Elkhart County. **Projects in Nappanee and projects owned by one of the Partners (Elkhart City, Goshen, Bristol, or Elkhart County) should submit the Post-Construction plan to the SWCD.** The SWPPP cannot be approved until the Post-Construction plan is approved. Also, there may be local fees along with this submittal. Check with the appropriate entity for information.

3. The SWCD has 28 calendar days to either accept the plan or ask for revisions.

4. When the SWPPP has been accepted, submit a Notice of Intent (NOI) to IDEM; along with a copy of the plan approval; the $100 IDEM filing fee; and proof of publication in a local newspaper. The NOI can be found at: Form 47487 under Stormwater & Wetlands.

5. Construction may start 48 hours after submittal of the NOI to IDEM.

6. Follow all components of the SWPPP. This includes conducting inspections at least weekly; and within one business day of every half-inch rain event. This should be completed through PermiTrack.

7. The initial Stormwater Clearance expires on Dec. 31 of the second year. For example, if an application is submitted anytime in 2016, it will expire on Dec. 31, 2017.  A renewal is due by Jan. 31, 2018, and every year thereafter until the project is finished. Submit a Stormwater Clearance Renewal and $100 filing fee to the Elkhart County SWCD each year thereafter by Jan. 31, until the site is closed.  (All checks should be made to “Elkhart County Treasurer.”)  The renewal form can be found at: Stormwater Clearance Renewal Application.

8. Submit a NOI renewal and $100 filing fee to IDEM every 5 years.

9. When all construction is finished, the site is stabilized, and all temporary practices have been removed, submit a Notice of Termination (NOT) to the SWCD.  The SWCD will conduct a final site inspection and either approve or deny the Notice of Termination (NOT). If approved, the SWCD will send the NOT to IDEM. If denied, the SWCD will inform the site owner of what is needed for the NOT to be approved. The site owner is responsible for following the SWPPP and keeping the clearance renewed until the NOT is approved. IDEM’s Notice of Termination (NOT) Form is available at: Form 51514 under Stormwater & Wetlands.