Sec. 2.
(a) The owner
or operator of a SMSS must:
(1) have a valid
permit to operate; or
(2) close in
accordance with 327 IAC 20-7.
(b) The following conditions apply to all
SMSS permits:
(1) The owner or operator must
comply with all terms and conditions of the permit and this article.
(2) The owner or operator shall take all
reasonable steps to prevent, minimize, or correct any adverse impact on the
environment resulting from noncompliance with the permit or this
article.
(3) The filing by the
owner or operator of a request for a permit modification, revocation with
reissuance, or revocation without reissuance does not stay or suspend any
permit term or condition.
(4) The
permit does not convey any property rights of any sort or any exclusive
privilege.
(5) The owner or
operator shall allow the commissioner, or an authorized representative,
including an authorized contractor acting as a representative of the
commissioner, upon the presentation of credentials to:
(A) enter upon the SMSS premises or where any
records must be kept under the terms and conditions of the permit or this
article;
(B) have access to review
any records that must be kept under the terms and conditions of the permit or
this article;
(C) inspect, at
reasonable times:
(i) any SMSS; or
(ii) practices required or otherwise
regulated under the permit or this article; and
(D) sample or monitor, at reasonable times,
for the purpose of evaluating compliance with the permit or state and federal
laws and regulations.
(6) The provisions of the permit are
severable and, if any provision of the permit or the application of any
provision of the permit to any circumstance is held invalid, the application of
the provision to other circumstances and the remainder of the permit shall not
be affected.
(c) If
determined to be necessary to protect human health or the environment, the
commissioner may require additional protective measures such as:
(1) alternate design standards;
(2) alternate operational requirements;
or
(3) use of a registered
professional engineer.
The commissioner shall provide written documentation
describing the basis for the determination.
(d) The commissioner may incorporate
conditions into the permit that require testing to verify that the SMSS is in
compliance with the design and performance standards established in this
article.
