Section 327IAC8-3-2. Permits for construction of public water systems; exemptions; experimental construction permits; emergency construction permits; after-the-fact construction permits

   (a) No person shall cause or allow the construction, installation, or modification of any facility, equipment, or device for any public water system without having a valid construction permit issued by the commissioner, except for replacement of equipment of similar design and capacity, none of which will change adversely:

(1) the plant operation;

(2) its hydraulic design or waste products; or

(3) the water distribution system design, operation, or capacity;

or where specifically allowed in section 2.1 of this rule.

  (b) After the commissioner has granted a construction permit, no changes in the application, plans, or specifications shall be made other than changes involving the replacement of equipment of similar design and capacity, none of which will change adversely:

(1) the plant operation;

(2) its hydraulic design or waste products; or

(3) the water distribution system design, operation, or capacity;

without first submitting in writing to the commissioner a detailed statement of the proposed changes and receiving an amended construction permit from the commissioner. Construction permits shall become void if the construction is not started within one (1) year from the date of issuance of the permit unless the duration of the permit has been extended by the commissioner after receiving a written request from the permittee, before the expiration of the permit, requesting the extension with no other changes to the permit, application, plans, or specifications as approved by the commissioner.

  (c) The commissioner shall have the authority to specify in the permit any limits and conditions necessary to meet the issuance requirements of section 4 of this rule.

  (d) The commissioner may revoke any construction permit for noncompliance with the limits and conditions specified in the permit, or if significant and unapproved changes are made in construction that differ from the application, plans, and specifications on which the issuance of the permit was based.

  (e) The commissioner may issue construction permits for public water system facilities, equipment, or devices that are to be installed or constructed in stages. These construction permits may allow site preparation or foundation construction to begin where the following conditions have been met:

(1) Plans and specifications for additional facilities, equipment, or devices that will be used in the treatment, pumping, withdrawal, or conveyance of water for public consumption must be approved by the commissioner before the construction of the facilities, equipment, or devices in accordance with this section.

(2) Public water system facilities, equipment, or devices that are not used for the treatment, pumping, withdrawal, or conveyance of water for public consumption must conform to the requirements of the "Recommended Standards for Water Works" established by the Great Lakes—Upper Mississippi River Board of State Public Health and Environmental Managers, and the American Water Works Association (AWWA) standards or other standards set out in this rule, 327 IAC 8-3.1, 327 IAC 8-3.2, 327 IAC 8-3.3, 327 IAC 8-3.4, 327 IAC 8-3.5, 327 IAC 8-4, and 327 IAC 8-6.

  (f) In order to encourage the development of new or more efficient treatment processes, the following type of construction permits may be issued:

(1) Experimental construction permits may be issued by the commissioner for installations, treatment processes, or techniques that have not developed extensive experience or records of use in the state of Indiana, provided that the applicant submits evidence that the installation, process, or technique will produce drinking water of satisfactory quality and normal operating pressure at the peak operating flow rate in accordance with this article.

(2) Regular construction permits may be issued for installations, treatment processes, or techniques that have been used for sufficient time to show that the installation, treatment process, or technique will produce drinking water of satisfactory quality and normal operating pressure at the peak operating flow rate in accordance with this article.

  (g) For an emergency condition, as a result of a drought, storm, flood, or other natural or manmade disaster, the commissioner may issue an emergency construction permit.

  (h) An after-the-fact construction permit must be obtained from the commissioner upon notification to the public water system by the commissioner of completed or progressing construction, installation, or modification of any facility, equipment, or device for any public water system lacking a valid construction permit issued from the department, except where replacement of equipment of similar design and capacity will not change adversely the plant operation, its hydraulic design or waste products, or the water distribution system design, operation, or capacity. The following additional conditions apply to after-the-fact construction permits:

(1) The commissioner may order that no additional construction may commence or continue progress until the after-the-fact construction permit has been obtained.

(2) As-built plans and specifications certified by a professional engineer registered in Indiana, covering all work performed without a valid construction permit issued by the commissioner must be submitted to the commissioner within one hundred twenty (120) days of notification to the public water system by the commissioner.

(3) Modifications as required by the commissioner after review of the as-built plans and specifications shall be made within the time limits specified by the commissioner.

(4) The commissioner may require interim measures taken during review of an after-the-fact construction permit, including boil orders to ensure safe drinking water of satisfactory quality and normal operating pressure at the peak operating flow rate in accordance with this article.

(5) An after-the-fact construction permit does not relieve a public water system or any other person of any liability for construction without a valid permit from the commissioner.

(Water Pollution Control Division; 327 IAC 8-3-2; filed Sep 24, 1987, 3:00 p.m.: 11 IR 709; filed Oct 22, 1991, 5:00 p.m.: 15 IR 224; filed Mar 31, 1999, 1:50 p.m.: 22 IR 2494; errata filed Aug 30, 1999, 12:06 p.m.: 23 IR 25; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Apr 24, 2006, 3:00 p.m.: 29 IR 2949; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)