Section 327IAC8-3-5.5. Duration of the commissioner’s review of an application, plans, and specifications

  5. (a) The commissioner must approve or deny a construction permit application:

(1) for water treatment facilities within a total of one hundred twenty (120) days; or

(2) for all other proposed construction to a public water system within a total of sixty (60) days.

  (b) The total of days, as specified in subsection (a), shall include all calendar days from the commissioner’s date-stamped receipt of the application, plans, specifications, and, if required, fee, excluding the calendar days between the following activities:

(1) A commissioner’s written notification to the applicant that the application, plans, and specifications do not fulfill the requirements of section 4 of this rule or are incomplete, inaccurate, or indicate the proposed construction will not produce drinking water of satisfactory quality and normal operating pressure at the peak operating flowrate in accordance with this article.

(2) The commissioner’s date-stamped receipt of the applicant’s submittal of additional information subsequent to the commissioner’s notification, as described in subdivision (1) to demonstrate that the application, plans, and specifications fulfill the requirements of section 4 of this rule and are complete, are accurate, and indicate the proposed construction will produce drinking water of satisfactory quality and normal operating pressure at the peak operating flowrate in accordance with this article.

  (c) The commissioner’s failure to comply with this section is subject to IC 13-15-4-11. (Water Pollution Control Division; 327 IAC 8-3-5.5; filed Mar 31, 1999, 1:50 p.m.: 22 IR 2497; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)