Section 312IAC6-4-3. Sewage pumpout facilities for boats at a marina

   (a) Except as provided in subsection (c), a person must not operate a marina unless the person does the following:

(1) Provides a pumpout that is:

(A) in good working order; and

(B) readily accessible to patrons of the marina.

(2) Secures and maintains one (1) of the following:

(A) A license under 327 IAC 3-2 for the construction and operation of a wastewater treatment facility or sanitary sewer.

(B) A license under 410 IAC 6-10 for the construction of a commercial on-site wastewater disposal facility.

(C) An alternative written approval for wastewater disposal from an authorized governmental agency.

  (b) The department shall require compliance with subsection (a) as a condition for the issuance of a license under section 2 of this rule.

  (c) A person may apply to the division of law enforcement for an exemption from this section. The exemption shall be granted, for a period not to exceed five (5) years, where the person demonstrates either of the following:

(1) The marina is designed to serve exclusively boats that are neither required nor likely to be equipped with a marine sanitation device.

(2) The operator of the marina has entered a binding agreement with another marina or similar facility along the waterway to provide pumpout services where the other marina or similar facility:

(A) maintains a lawful pumpout as described in subsection (a);

(B) is in proximity to the marina seeking the exemption so patrons to be served at a pumpout, which would otherwise be required at the exempted marina, would not be significantly inconvenienced; and

(C) has sufficient pumpout capacity and accessibility to effectively serve the patrons of both parties to the agreement.

(Natural Resources Commission; 312 IAC 6-4-3; filed Sep 11, 1997, 8:50 a.m.: 21 IR 369; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Jul 22, 2004, 10:05 a.m.: 27 IR 3885; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Sep 28, 2009, 11:57 a.m.: 20091021-IR-312090152RFA; filed Nov 3, 2009, 3:37 p.m.: 20091202-IR-312090137FRA; readopted filed Nov 24, 2015, 4:05 p.m.: 20151223-IR-312150295RFA)