Proposed Amendments to 327 IAC 3-6-7 and 327 IAC 3-6-4

New portions are bold typeface.  Portions to be removed are in strike-out typeface.

The citizens identified in the attached petition propose the following amendments to water pollution control regulations. 

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327 IAC 3-6-7:  Issuance Requirements for Sanitary Sewer Construction Permits

(a)        The application for any construction permit required by this article shall be denied unless the applicant submits evidence of the following:  

(1)               The peak daily flow rate, in accordance with section 11 of this rule generated in the area that will be collected by the project system, will not cause overflowing or bypassing in the collection system from locations other than NPDES authorized discharge points;

(2)               Sufficient capacity exists in the receiving collection system and water pollution treatment/control facility to collect and treat the additional daily flow in all expected wet and dry weather conditions except during a wet weather event that is predicted to occur no more often than once every five years.

(3)               The receiving water pollution treatment/control facility will remain in compliance with applicable NPDES permit effluent limitations.

(4)               The sanitary sewer or collection system that is the subject of the construction permit application is to connect to a water treatment/control facility that has been completed and put into operation.

(5)               The proposed collection system does not include new combined sewers or a combined sewer extension to existing combined sewers.

(b)        If the department has any information in its possession that contradicts the evidence described in (a), the department must verify the accuracy of the information and deny the construction permit if the evidence is not determined by the department to be accurate. 

327 IAC 3-6-4:  Regarding Certifications

(a)                Certifications complying with the required statements as set forth in subsections (b) and (c) shall be submitted with an application, plan, or specification for construction permit approval under this rule.

(b)               A professional engineer or a registered land surveyor, in conformance with IC 25-31-1 and 327 IAC 3-2.1-3(a), must sign, seal, and date the application making the following certification: “I certify under penalty of law that the design of this project will be performed under my direction or supervision to assure conformance with 327 IAC 3 and that the plans and specifications will require the construction of said project to be performed in conformance with 327 IAC 3-6. I certify that the peak daily flow rates, in accordance with 327 IAC 3-6-11 generated in the area that will be collected by the proposed collection system that is the subject of the application, plans, and specifications, will not cause overflowing or bypassing in the same subject proposed collection system from locations other than NPDES authorized discharge points. I certify that the proposed collection system does not include new combined sewers or a combined sewer extension to existing combined sewers. I certify that the ability for this collection system to comply with 327 IAC 3 is not contingent on water pollution treatment/control facility construction that has not been completed and put into operation. I certify that the design of the proposed project will meet all local rules or laws, regulations, and ordinances. The information submitted is true, accurate, and complete to the best of my knowledge and belief. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”