Section 410IAC6-10.1-49. General sewage disposal requirements

   (a) No person shall throw, run, drain, seep, or otherwise dispose into any of the surface waters or ground waters of this state, or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into such waters, any organic or inorganic matter from a commercial facility or commercial on-site sewage system that would cause or contribute to a health hazard or water pollution.

  (b) The:

(1) design;

(2) construction;

(3) installation;

(4) location;

(5) maintenance; and

(6) operation;

of commercial on-site sewage systems shall comply with the provisions of this rule.

  (c) All commercial on-site sewage systems utilizing sanitary privies shall conform to department bulletin SE 11, "The Sanitary Vault Privy", 1986 Edition.

  (d) Any commercial facility that is not connected, or cannot be connected, to a sanitary sewerage system shall be provided with a commercial on-site sewage system that includes a septic tank and a soil absorption system that has not failed.

  (e) A temporary sewage holding tank is an alternative method of sewage disposal subject to the written approval of the department. A temporary sewage holding tank shall not be used as a primary means of commercial sewage disposal except:

(1) where necessary to prevent continued discharge of sewage from a failed existing commercial on-site sewage system;

(2) when soil conditions exist that preclude the prompt construction of a soil absorption system on a site that has already received a construction permit; or

(3) where the holding tank is operated by a conservancy district, sewer district, private utility, or municipality as a part of its sewage disposal plan or for not more than two (2) years while connection to sanitary sewer is being secured. This two (2) year time frame may be extended upon documentation of satisfactory operation of the holding tank.

  (f) No portion of the commercial on-site sewage system or its associated drainage system shall be constructed upon property other than that from which the sewage originates unless easements, which grant permission for such construction and access for system maintenance, have been obtained for that property and have been legally approved and recorded by the proper authority or commission.

  (g) Commercial on-site sewage systems shall not be used for the disposal of water from:

(1) roof drains;

(2) foundation drains;

(3) swimming pool main drains;

(4) hot tub drains; or

(5) area drains.

Neither shall they be used for the disposal of chemical wastes in quantities that would pollute ground water or inhibit solids settling or digestion in the septic tank.

  (h) In order to encourage development of new or more efficient treatment or disposal processes, the department may issue construction permits for experimental and TNI commercial on-site sewage systems. Construction permits may be issued for installations, treatment, or disposal equipment, processes, or techniques for which extensive experience or records of use have not been developed in Indiana. However, the applicant must submit evidence of sufficient clarity and conclusiveness to convince the department that the proposal has a reasonable and substantial probability of satisfactory operation without causing a health hazard, nuisance, surface water pollution, or ground water pollution. The department may also require the applicant to satisfactorily document how and by whom the experimental facilities and any other portions of the commercial on-site sewage system, which could be damaged due to a failure of the experimental installation, are to be replaced if it becomes necessary. (Indiana State Department of Health; 410 IAC 6-10.1-49; filed Oct 19, 2012, 2:07 p.m.: 20121114-IR-410120157FRA; filed Apr 17, 2014, 10:10 a.m.: 20140514-IR-410130351FRA)