Section 327IAC15-14-4. NOI letter requirements

   (a) Except as provided in subsection (f), the owner of property upon which an on-site residential sewage discharging disposal system subject to this rule is located shall submit to the district a request for inclusion into the district and coverage under this rule. The request shall include the following:

(1) Name and address of the owner and location of the property for which the request is submitted, if different than the mailing address.

(2) A copy of the operating permit issued by the local health department with jurisdiction over the system as provided in section 7 of this rule, pursuant to IC 13-18-12-9(d).

(3) A statement that the person named under subdivision (1) wishes to be covered by this rule.

(4) Signature of the person named under subdivision (1).

  (b) If an on-site residential sewage discharging disposal system serves more than one (1) home, each homeowner served by the system shall submit the information required in subsection (a).

  (c) If there is a change of ownership of the property upon which an on-site residential sewage discharging disposal system is located, the following must be accomplished in accordance with any applicable district requirements:

(1) The seller of the property shall submit:

(A) a notice to the district reporting the change in property ownership; and

(B) a written statement to the buyer of the property explaining the obligations, including the requirements of this rule, of owning an on-site residential sewage discharging disposal system.

(2) The buyer of the property shall submit to the district a statement requesting to remain subject to coverage under this rule.

  (d) The district shall submit a NOI letter to the following address:

Indiana Department of Environmental Management

Office of Water Quality

100 North Senate Avenue, Room N1255

Indianapolis, Indiana 46204

Attention: Permits Section

  (e) The NOI letter shall include the following:

(1) Names and mailing addresses of all persons requesting inclusion in the district.

(2) Map indicating the following:

(A) The location of each on-site residential sewage discharging disposal system within the district.

(B) The location of any pond or lake within two (2) miles downstream of any on-site residential sewage discharging disposal system within the district.

(3) Names of the receiving streams into which the on-site residential sewage discharging disposal systems will discharge.

(4) A statement that the district and the persons listed under this subsection intend to be covered by this rule.

(5) The application fee required under IC 13-18-20-12.

  (f) For an on-site residential sewage discharging disposal system installed at a residence that was constructed after July 1, 2002, because of failure of the original on-site non-discharging sewage disposal system, the following additional requirements apply:

(1) The owner of the system shall submit all information required under this section to both the district and IDEM, including a copy of the operating permit issued by the local health department, prior to discharge from the system.

(2) The owner shall also submit to IDEM a system failure report, on a form provided by the department, that summarizes:

(A) the known reasons for failure of the system; and

(B) other technologies for repair or options for managing the on-site waste that were considered by the local health department prior to issuing an operating permit.

(3) The owner may not discharge from the system until receiving approval from the department. If the department does not approve the operation within fifteen (15) days of receipt of the NOI information, the system is approved for purposes of this rule.

  (g) The NOI letter must be signed by the head of the governing body of the district. (Water Pollution Control Division; 327 IAC 15-14-4; filed Dec 18, 2003, 10:39 a.m.: 27 IR 1564; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1939)