Rule 5 Requirements

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Erosion Control & Stormwater Runoff Requirements Associated with Construction Activities (Rule 5) The Marion County Soil and Water Conservation District (SWCD) has certain responsibilities relating to Rule 5

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Preconstruction Assistance
Project planners should send the Marion County Soils and Water Conservation District (SWCD) a preliminary plat.

Soils information for a development site can be useful at this time to help identify soil conditions and limiting factors for the site.  This information is available in two ways- 1. The Marion County SWCD can provide soils information to assist with proper planning. Our office will review the Soil Survey of Marion County and provide developers and their representatives with information on soils found within the project area if requested. Or 2. Developers and their representatives can obtain their own appropriate soils information for their sites by using the Web Soil Survey (WSS) on the internet at: http://websoilsurvey.nrcs.usda.gov/app/.  See the Resources link at the bottom of the page for more instructions on how to use the Web Soil Survey.

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Regulations, Paperwork, Reviews and Inspections as they apply to Marion County
Federal and Indiana law, and City of Indianapolis ordinances (applies to most of Marion County) require erosion control practices on construction projects disturbing more than 1 acre or more of land. The law is called “Rule 5” (327 IAC 15-5-1) and was developed by the Indiana Department of Environmental Management (IDEM) to meet federal Environmental Protection Agency clean water requirements. The City of Indianapolis also regulates erosion control through ordinances (Chapter 561 of the Code of Indianapolis and Marion County)

The Marion County Soil & Water Conservation District (SWCD) shares responsibility for implementing "Rule 5" with IDEM and the Cities of Indianapolis, Beech Grove, Lawrence, and Speedway.  Through the partnership among several levels of government, construction site plans are reviewed and approved, sites are monitored for compliance and enforcement actions are taken to keep soil and other pollutants out of our waterways.

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Construction Site Plans Reviewed/Approved

  • Marion County SWCD serves the City of Beech Grove by reviewing city infrastructure projects within city limits of  Beech Grove
  • Marion County SWCD also reviews Indianapolis infrastructure and city sponsored projects.  However, the Indianapolis Department of Metropolitan Development (DMD) reviews commercial project plans for the remainder of Marion County outside of the excluded cities of Lawrence and Speedway.
  • For projects in the Town of Speedway and the City of Lawrence, the review and approval is conducted by the respective Departments of Public Works in those jurisdictions.
  • For Cities of Indianapolis and Beech Grove infrastructure projects, the Marion Co. SWCD will need the following information for review:

§         A full construction plan set, including the Erosion and Sediment Control Plan (also called the Stormwater Pollution Prevention Plan or SWPPP)

§         All of the Project Information found in the SWPP Review is available in the Resources page link shown at the bottom of this page.

§         All of the information found in the Form Guidance is available in the Resources page link shown at the bottom of this page.

 -Construction Site Erosion Control Plan Compliance Inspections
Marion County SWCD conducts periodic compliance inspections of all projects in Marion County of one acre or more of disturbed area outside the excluded cities of Lawrence and Speedway. 

Before Beginning Any Work
Engineers, developers and/or builders, to meet Rule 5 responsibilities, will need to supply the Marion County SWCD office, before moving any dirt, with the following:

  • Erosion Control Plan
  • Notice of Drainage Approval Letter from the City of Indianapolis
  • A copy of the Rule 5 - Notice of Intent (NOI) form

…In addition, Rule 5 regulations require that developers and contractors notify the Marion County SWCD within 48 hours of actual construction start-up activity at the site

Upon Completion of a Project, the End of Project Inspections Requires a Notice of Termination (NOT)

·     Marion County SWCD and the City of Indianapolis
Prior to filing the Notice of Termination (NOT) with IDEM, your project must receive a final inspection from the agency that initially approved your Erosion and Sediment Control Plan or SWPPP

Enforcement Actions Are Carried Out by

·     Indiana Department of Environment Management

·     City of Indianapolis

 Check here for Erosion Control & Rule 5 Resources.

 


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Web Page Last Updated 09/24/09