Authority: IC 16-19-3-4
Affected: IC 13-26; IC 14-33; IC 16-19-3-4
Sec. 55. An application for a commercial on-site sewage system construction or operating permit may be denied by the department for any of the following causes:
- (1) The commercial on-site sewage system design does not meet the minimum requirements of this rule.
- (2) Failure to disclose all the facts relevant to the construction and use of the proposed commercial on-site sewage system or any misrepresentation made in the application.
- (3) Failure of the owner, or the engineer or architect who certified and sealed the construction plans and specifications, to respond to a request for revised plans and specifications or additional information made under section 51 of this rule, within six (6) months of receiving the request.
- (4) Any change relating to the design, construction, or use of the on-site sewage system not approved, in writing, by the department.
- (5) A sanitary sewerage system of adequate capacity served by a sewage treatment facility owned by an incorporated city or town, conservancy district established under IC 14-33, regional sewer district established under IC 13-26, or private utility, is located within three hundred (300) feet of the property line of the affected property, or is available for connection at a construction cost and connection fee estimated by the department not to exceed one hundred fifty percent (150%) of the cost estimated by the department for installing commercial on-site sewage systems to serve the project were the commercial on-site sewage systems otherwise acceptable to the department.
- (6) Failure to show that the commercial on-site sewage system can be constructed, operated, maintained, or abandoned in compliance with this rule.
(Indiana Department of Health; 410 IAC 6-10.1-55; filed Oct 19, 2012, 2:07 p.m.: 20121114-IR-410120157FRA; readopted filed Sep 26, 2018, 2:48 p.m.: 20181024-IR-410180328RFA; readopted filed Nov 14, 2024, 1:24 p.m.: 20241211-IR-410230798RFA)