Section 410IAC6-10.1-50. Construction permit requirements

   (a) Except as allowed by subsection (c), or section 48(b) of this rule, for any commercial facility that will not be connected to a sanitary sewerage system, the owner or agent of the owner shall obtain a written construction permit, signed by the commissioner or his or her duly authorized representative, for construction of a commercial on-site sewage system prior to the:

(1) start of construction of a commercial facility;

(2) start of construction of a regulated facility;

(3) reconstruction of any commercial or regulated facility;

(4) addition to, alteration of, replacement, or repair of an existing commercial on-site sewage system;

(5) installation of an on-site sewage system for an existing commercial facility that did not previously have an on-site sewage system as defined in section 8 of this rule;

(6) expansion of a commercial or regulated facility that may increase the design daily flow;

(7) change of use of a commercial or regulated facility;

(8) change in operations that would increase the design daily flow; or

(9) change of operations that would result in the increase of the BOD5, TSS, or FOGs of the sewage.

  (b) Nothing in this rule shall be construed as preventing requirements in local ordinance for the issuance of a commercial on-site sewage system, provided that the permit required by local ordinance is:

(1) issued only after permit issuance by the department (except as permitted in section 48(b) [of this rule] or subsection (c) of this rule); and

(2) is not in conflict with the permit issued by the department.

  (c) Construction permits shall not be required for the following:

(1) Repair or replacement of commercial on-site sewage system equipment with new units of similar design and capacity, none of which will cause a health hazard or adversely affect ground water, facility operation, hydraulics, physiochemical treatment, biological treatment, solids removal, or the ultimate means of liquid disposal. This section shall not be construed as allowing the construction of replacement soil absorption fields or portions thereof without a valid construction permit issued in accordance with this rule.

(2) Commercial on-site sewage systems for which a construction permit has been issued under 327 IAC 3, and which serve two (2) or more premises, and which are owned, operated, or maintained by an incorporated city or town, a conservancy district established under IC 14-33, or a regional sewer district established under IC 13-26. This section shall not be construed as an exemption from the requirement of subsection (a) for commercial on-site sewage systems located on the premises of and serving only schools or municipal facilities.

(Indiana State Department of Health; 410 IAC 6-10.1-50; filed Oct 19, 2012, 2:07 p.m.: 20121114-IR-410120157FRA)