Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10.5

Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC 13-30

Sec. 6. (a) An owner or operator may propose and request an alternative to a design, construction, or operational requirement specified in this article, provided the owner or operator can prove to the satisfaction of the commissioner that any alternative will provide equivalent or greater environmental protection than the requirements specified in this article.

(b) Any alternative must be submitted to the department and accompanied by documentation that demonstrates equivalent or greater environmental protection than the standard for which an alternative is being requested.

(c) No alternative may be used prior to approval by the commissioner.

(d) The commissioner shall provide written documentation describing the basis for any determination on an alternatives request.

(Water Pollution Control Division; 327 IAC 20-5-6; filed Sep 28, 2015, 11:13 a.m.: 20151028-IR- 327130245FRA; readopted filed May 18, 2021, 1:04 p.m.: 20210609-IR-327210118BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)