Section 327IAC20-3-2. Permit conditions

   (a) The owner or operator of a SMSS must:

(1) have a valid permit to operate; or

(2) close in accordance with 327 IAC 20-7.

  (b) The following conditions apply to all SMSS permits:

(1) The owner or operator must comply with all terms and conditions of the permit and this article.

(2) The owner or operator shall take all reasonable steps to prevent, minimize, or correct any adverse impact on the environment resulting from noncompliance with the permit or this article.

(3) The filing by the owner or operator of a request for a permit modification, revocation with reissuance, or revocation without reissuance does not stay or suspend any permit term or condition.

(4) The permit does not convey any property rights of any sort or any exclusive privilege.

(5) The owner or operator shall allow the commissioner, or an authorized representative, including an authorized contractor acting as a representative of the commissioner, upon the presentation of credentials to:

(A) enter upon the SMSS premises or where any records must be kept under the terms and conditions of the permit or this article;

(B) have access to review any records that must be kept under the terms and conditions of the permit or this article;

(C) inspect, at reasonable times:

(i) any SMSS; or

(ii) practices required or otherwise regulated under the permit or this article; and

(D) sample or monitor, at reasonable times, for the purpose of evaluating compliance with the permit or state and federal laws and regulations.

(6) The provisions of the permit are severable and, if any provision of the permit or the application of any provision of the permit to any circumstance is held invalid, the application of the provision to other circumstances and the remainder of the permit shall not be affected.

  (c) If determined to be necessary to protect human health or the environment, the commissioner may require additional protective measures such as:

(1) alternate design standards;

(2) alternate operational requirements; or

(3) use of a registered professional engineer.

The commissioner shall provide written documentation describing the basis for the determination.

  (d) The commissioner may incorporate conditions into the permit that require testing to verify that the SMSS is in compliance with the design and performance standards established in this article. (Water Pollution Control Division; 327 IAC 20-3-2; filed Sep 28, 2015, 11:13 a.m.: 20151028-IR-327130245FRA)