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. 7. (a) The owner or operator shall notify the commissioner in writing at least two (2) days prior to scheduled construction of a SMSS. Multiple notices, with identification of the parts of the SMSS that are completed at the time of submittal, are required if an owner or operator performs partial construction of an approved structure and plans to utilize that portion prior to completing construction of the entire SMSS.

(b) Any field tiles or drainage outlets encountered during construction must be blocked or rerouted in accordance with any applicable local approval requirements and be cut back at least fifty (50) feet from the edge of any:

1. (1) berm;
2. (2) concrete pit; or
3. (3) earthen SMSS.

(c) The applicant shall execute and send to the commissioner a notarized affidavit, under penalty of perjury, that a SMSS was constructed, and shall be operated, in accordance with the requirements of the permit and this article, as follows:

1. (1) The affidavit shall be submitted:

   1. (A) on a form provided by the department;
   2. (B) within thirty (30) days after the date construction is completed; and
   3. (C) prior to the introduction of any manure.
2. (2) The affidavit shall include identification of the parts of the SMSS that are completed at the time of submittal.
3. (3) If an owner or operator performs partial construction of an approved SMSS and plans to utilize that portion prior to completing construction of the entire SMSS, multiple affidavits shall be submitted.

(d) The certification required by section 5(e) of this rule must be completed prior to the introduction of manure.

(Water Pollution Control Division; 327 IAC 20-5-7; 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)