“As of December 18, 2021, Indiana no longer administers the construction stormwater program under Indiana Administrative Code (327 IAC 15-5 or Rule 5). Permitting coverage is now issued under the Construction Stormwater General Permit (CSGP). The CSGP is a performance-based regulation designed to reduce pollutants that are associated with construction and/or land-disturbing activities.”
Compliance Process for MS4 Communities within Elkhart County*
Storm Water Pollution Prevention Plan (SWPPP)
Submit a Storm Water Pollution Prevention Plan (SWPPP) to the Elkhart County SWCD that includes:
- SWPPP Checklist– requirements for the SWPPP, all these items must be adequately addressed for plan approval.
- Both physical and digital copies are required to be submitted to the SWCD
- Digital copies can be submitted to firstname.lastname@example.org
- Physical copies can be mailed/dropped off at 59358 CR7, Elkhart, IN 46517
- For more information on what to include in a SWPPP please see the IDEM Construction Site Stormwater Guidance document.
- For a more in depth look at the changes that have been made to the A and B portion of the SWPPP submittal process, The Greater Elkhart County Stormwater Partnership and the SWCD offered a 1 hour virtual training session that can be viewed HERE.
- Post-Construction Plan- see section below
- Stormwater Clearance Application
- Stormwater Clearance Application– must be submitted to the SWCD along with the filing fee and SWPPP
- Filing Fee
- $100 per disturbed acre to the Elkhart County 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.
The Elkhart County SWCD has 10 business days from the time the SWPPP, signed application, and payment have been received to review the plan and either accept or ask for revisions. Plans will be reviewed in the order that they are received.
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 and Post-Construction Stormwater Maintenance Agreement (PCSMA) are accepted and approved by the appropriate jurisdiction.
- Also, there may be local fees along with this submittal. Check with the correct jurisdiction in which the project is located.
- If you are unsure of which jurisdiction the project is located, please contact the SWCD office.
Notice of Intent (NOI)
When the SWPPP has been accepted, a Notice of Intent (NOI) must be submitted to IDEM including
- copy of plan approval
- $100 IDEM filing fee
- proof of publication
Construction may start 48 hours after the submittal of the NOI to IDEM
Stormwater Erosion Control Inspections must be done at a minimum once per week and 24 hours before or after every 1/2 inch rain event not to exceed three inspections in one week.
Inspections are done through PermiTrack. You can find more information HERE.
If for some reason you cannot do an inspection digitally, you can print and submit the Self Inspection report.
Stormwater Clearance Renewal for Elkhart County
- The initial Stormwater Clearance expires on December 31 of the second year.
- For example, if an application is submitted any time in 2021, it will expire on Dec. 31, 2022.
- Renewals are due by January 31 every year until the project is completed.
- The renewal filing fee is $100 and is due to the Elkhart County SWCD each year until the site is closed.
- Please make checks payable to Elkhart County Treasurer.
- You can find the renewal form at: Stormwater Clearance Renewal Application.
NOI Renewal for IDEM
Submit a NOI renewal and filing fee to IDEM every 5 years.
You can find more information by viewing the Construction Stormwater General Permit NOI Renewal.
Notice of Termination (NOT)
When all construction is finished, the site is stabilized, and all temporary practices have been removed SWCD must be informed that a final inspection is needed before a Notice of Termination can be submitted. You can do that by emailing email@example.com or calling 574-523-2032.
- The SWCD will conduct a final site inspection and either approve or deny the Notice of Termination (NOT).
- If approved, the SWCD will provide a copy of the final inspection that is needed when submitting to IDEM for a NOT.
- 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) must be filled out using the Regulatory ePortal.
- Each jurisdiction has different requirements for NOT, please consult the jurisdiction in which the project resides for additional requirements.
Once the final inspection is performed and meets the requirements for termination, you can submit a Notice of Termination (NOT) to IDEM.
*Elkhart County, City Goshen, City Elkhart
The MS4 ordinances in Elkhart, Goshen, and Elkhart County have the same requirements for construction as the state’s Construction Stormwater General Permit, but allow for local enforcement and collection of a filing fee. The Elkhart County ordinance covers the towns of Bristol, Middlebury, Millersburg, and Wakarusa, because development in those towns goes through the county planning department. The three ordinances (Cities of Elkhart and Goshen, and Elkhart County) cover all parts of the county except Nappanee.
Construction in Nappanee is covered under the state’s Construction Stormwater General Permit, which means all the requirements apply, but there is no local filing fee or enforcement authority. If you are planning a development in Nappanee that will involve land disturbance of one acre or more, visit their website and contact the Elkhart County Soil and Water Conservation District.