Authority: IC 13-14-8; IC 13-18-12-4

Affected: IC 13-18-12

Sec. 5. (a) The use of a design or construction approach other than the requirements specified in this article or an innovative technology may be proposed to the department by the applicant in accordance with the following:

1. (1) The proposal for the alternative design, construction, or innovative technology must be accompanied by documentation that ensures that the provisions of this article are met.
2. (2) The proposal must comply with all applicable environmental rules and laws.
3. (3) The proposal must be submitted with a septage management permit application.

(b) In making a determination on the alternative design, construction, or innovative technology, the commissioner shall consider the following criteria:

1. (1) Design specifications that ensure adequate structural integrity.
2. (2) Protective measures that reduce the potential for spills.
3. (3) Operational practices that provide additional protection.
4. (4) Threats of adverse impacts to water quality or other specified sensitive areas.
5. (5) Other criteria related to protection of the environment or human health.

(c) The commissioner shall either:

1. (1) approve the alternate design and construction, or innovative technology in the permit; or
2. (2) send a letter to the applicant explaining the basis for the denial of the proposed alternate design, construction, or innovative technology.

(Water Pollution Control Division; 327 IAC 7.1-5.1-5; filed Mar 3, 2022, 10:40 a.m.: 20220330-IR- 327140029FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)