Section 410IAC6-10.1-55. Denial of an application for a construction or operating permit

   An application for a commercial on-site sewage system construction or operating permit may be denied by the department for any of the following causes:

(1) The commercial on-site sewage system design does not meet the minimum requirements of this rule.

(2) Failure to disclose all the facts relevant to the construction and use of the proposed commercial on-site sewage system or any misrepresentation made in the application.

(3) Failure of the owner, or the engineer or architect who certified and sealed the construction plans and specifications, to respond to a request for revised plans and specifications or additional information made under section 51 of this rule, within six (6) months of receiving the request.

(4) Any change relating to the design, construction, or use of the on-site sewage system not approved, in writing, by the department.

(5) A sanitary sewerage system of adequate capacity served by a sewage treatment facility owned by an incorporated city or town, conservancy district established under IC 14-33, regional sewer district established under IC 13-26, or private utility, is located within three hundred (300) feet of the property line of the affected property, or is available for connection at a construction cost and connection fee estimated by the department not to exceed one hundred fifty percent (150%) of the cost estimated by the department for installing commercial on-site sewage systems to serve the project were the commercial on-site sewage systems otherwise acceptable to the department.

(6) Failure to show that the commercial on-site sewage system can be constructed, operated, maintained, or abandoned in compliance with this rule.

(Indiana State Department of Health; 410 IAC 6-10.1-55; filed Oct 19, 2012, 2:07 p.m.: 20121114-IR-410120157FRA)