Section 327IAC8-3.5-3. Eligibility and exclusions for eligibility

   (a) A responsible person as defined by section 6 of this rule is eligible for a general construction permit.

  (b) A responsible person, responsible person's engineer, responsible person's developer, or the proposed public water system that has been issued a general construction permit program ban by the commissioner in accordance with section 8 of this rule is not eligible for a general construction permit.

  (c) Proposed water main projects to a public water system under a connection ban in accordance with 327 IAC 8-3-4.2 are not eligible for a general construction permit.

  (d) Proposed water main projects that meet any of the following criteria are not eligible for a general construction permit as defined by this rule:

(1) The corresponding public water system has a two (2) year average peak that is between ninety percent (90%) and one hundred percent (100%) of the public water system's daily capacity, and the product of the following is equal to or exceeds two percent (2%) of the public water system's daily capacity:

(A) The average daily customer demand of the proposed water main.

(B) The peaking factor of the proposed water main.

(2) The corresponding public water system's two (2) year average peak is equal to or less than ninety percent (90%) of the public water system's daily capacity and the sum of corresponding public water system's two (2) year average peak, and the product of the following is equal to or exceeds ninety-two percent (92%) of the public water system's daily capacity:

(A) The average daily customer demand of the proposed water main.

(B) The peaking factor of the proposed water main.

(3) The sum of corresponding public water system's two (2) year average peak and the product of the following is equal to or exceeds one hundred percent (100%) of the public water system's daily capacity:

(A) The average daily customer demand of the proposed water main.

(B) The peaking factor of the proposed water main.

  (e) Proposed projects that meet the definition of a transmission main as defined by section 1 of this rule are not eligible for a general construction permit.

  (f) An individual construction permit issued under 327 IAC 8-3 is required for all other water main extension construction meeting the criteria of 327 IAC 8-3-2(a) that is not eligible for a general construction permit in accordance with this section or does not meet the general construction permit conditions listed in section 5 of this rule. (Water Pollution Control Division; 327 IAC 8-3.5-3; filed Mar 31, 1999, 10:20 a.m.: 22 IR 2522; errata filed Aug 17, 1999, 3:15 p.m.: 23 IR 25; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; filed Jul 14, 2011, 1:34 p.m.: 20110810-IR-327100403FRA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)