Authority: IC 13-14-8-7; IC 13-18-4-3

Affected: IC 13-18-3-1

Sec. 3. Whenever, in the determination of the commissioner, a semipublic facility or POTW has reached or is approaching ninety percent (90%) of its hydraulic or organic design capacity, the commissioner shall notify the semipublic facility or POTW that it may be necessary, because of such condition, to impose a sewer connection ban if action is not taken by the semipublic facility or POTW to accommodate additional flow or loading. The notification shall be:

1. (1) by certified mail, return receipt requested; and

2. (2) directed to the:

   1. (A) principal executive officer;
   2. (B) ranking elected official; or
   3. (C) authorized agent;
3. of the semipublic facility or POTW.

Failure of the commissioner to provide the notification to the semipublic facility or POTW shall not preclude the imposition of a sewer connection ban as authorized by this article.

(Water Pollution Control Division; 327 IAC 4-1-3; filed Sep 24, 1987, 3:00 p.m.: 11 IR 613; filed Mar 2, 1994, 5:00 p.m.: 17 IR 1616; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; filed Jan 23, 2008, 1:39 p.m.: 20080220-IR-327060096FRA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR- 327190246BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)