Section 327IAC19-5-1. Alternate design or compliance approach; innovative technology

   (a) The use of a design or compliance approach other than the requirement specified in this article, or an innovative technology may be proposed by the owner/operator in accordance with the following:

(1) The proposal for the alternative design or compliance approach, or innovative technology must be accompanied by documentation that indicates that the performance standards in 327 IAC 19-3-1 will be met. The alternative design or compliance approach, or innovative technology must comply with all existing environmental rules and laws.

(2) The proposed design or compliance approach, or innovative technology must be incorporated into the approval.

  (b) In making a determination on an alternate design or compliance approach, or innovative technology, the commissioner shall consider applicable criteria that may include the following:

(1) Design specifications that indicate adequate structural integrity.

(2) Protective measures that reduce the potential for manure releases and spills.

(3) The existence of barriers or surface gradient that directs liquid flow away from features specified for protection.

(4) Operational practices that provide additional protection.

(5) Threats of adverse impacts to water quality or other specified sensitive areas.

(6) Other criteria related to protection of the environment or human health.

  (c) The commissioner shall provide written documentation describing the basis for the approval or denial of the proposed alternate design, compliance approach, or innovative technology. (Water Pollution Control Division; 327 IAC 19-5-1; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012)