Section 410IAC6-10.1-48. Administrative authority

   (a) The department, its agent, or the health officer or his or her agent shall be permitted to enter upon all properties at the proper time for the following purposes necessary to achieve compliance with this rule:

(1) Inspection.

(2) Observation.

(3) Measurement.

(4) Sampling.

(5) Testing.

  (b) The department may delegate, in writing, to local health departments the plan review, approval, permit issuance, and inspection for individual commercial facilities with on-site sewage systems with a design daily flow of less than or equal to seven hundred fifty (750) gallons when the local health department complies with the requirements of the department for plan review, approval, and permit issuance. The department may revoke, in writing, such delegation when a local health department fails to comply with the requirements of the department for plan review, approval, and permit issuance. Local health departments may review plans and issue permits based on delegation when the department:

(1) has designated which on-site sewage system technologies are delegated to the local health department for plan review, approval, and permit issuance; and

(2) has provided design criteria to the local health department for each individual commercial on-site sewage system project.

(Indiana State Department of Health; 410 IAC 6-10.1-48; filed Oct 19, 2012, 2:07 p.m.: 20121114-IR-410120157FRA)