Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 8 - PUBLIC WATER SUPPLY
Rule 3.5 - General Construction Permit for Water Mains
Section 3.5-8 - General construction permit program ban
Current through September 18, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-2; IC 13-18-1; IC 13-18-3; IC 13-18-4; IC 13-18-16-8
Affected: IC 4-21.5-3-7; IC 13-18
Sec. 8.
(a) The commissioner may issue a general construction permit program ban to a person or a public water system who has been issued a notice of violation from the commissioner or has entered into an agreed order with the commissioner as the result of noncompliance with this rule, 327 IAC 8-3, or 327 IAC 8-3.2 within the previous five (5) years of the commissioner's general construction permit ban issuance.
(b) The commissioner shall notify the person or the public water system in writing of such decision to impose a general construction permit program ban by certified mail, return receipt requested.
(c) A NOI received by the commissioner before the effective date of the general construction permit program ban is exempted from the general construction permit program ban.
(d) A person or a public water system aggrieved by the imposition of a general construction permit program ban may appeal the decision of the commissioner at a hearing held in accordance with IC 4-21.5.
(e) A general construction permit program ban may remain effective for a time period established by the commissioner not to exceed five (5) years.
(f) A person or public water system that has been issued a general construction permit program ban may apply for an individual construction permit in accordance with 327 IAC 8-3.
