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

Affected: IC 13-18-3-1

Sec. 6. (a) Requests for connections from new or existing sources to a semipublic facility or POTW where a sewer connection ban is in effect may be approved if it is determined by the commissioner that any of the following conditions exist:

1. (1) The:

   1. (A) connection will eliminate an existing health hazard; and
   2. (B) resulting public health benefit is considered to outweigh the adverse impact of any reduction in the effluent quality from the semipublic facility or POTW.

2. (2) A semipublic facility or POTW expansion project:

   1. (A) is under construction; and
   2. (B) will be completed in such time as to accommodate the new connections.
3. (3) An equivalent amount of infiltration or wastewater is removed from the system, thus assuring that the additional wastewater will receive treatment.
4. (4) The commissioner is assured that additional water pollution treatment/control facilities, such as chemical feed equipment, will be provided such that the effluent from the semipublic facility or POTW will not deteriorate beyond its present quality.
5. (5) Other assurances are provided that the additional wastewater to be discharged into the semipublic facility or POTW shall receive adequate treatment.

(b) Requests by POTWs for the waiver of a sewer connection ban for new or existing sources should be submitted by the principal executive officer or ranking elected official of the POTW to the commissioner. Requests by semipublic facilities for the waiver of a sewer connection ban for new or existing sources should be submitted by the owner, chief executive officer, or authorized agent or representative of the semipublic facility to the commissioner. The request for waiver of a sewer ban should contain, at a minimum, the projected:

1. (1) flow and pollutant loadings from the proposed connection or connections; and
2. (2) impact upon the semipublic facility or POTW.

(Water Pollution Control Division; 327 IAC 4-1-6; filed Sep 24, 1987, 3:00 p.m.: 11 IR 613; filed Mar 2, 1994, 5:00 p.m.: 17 IR 1617; 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)