312 IAC 6-4-3 - Sewage pumpout facilities for boats at a marina
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-29-1-8
Affected: IC 14-29-1-8
Sec. 3.
(a) Except as
provided in subsection (c), a person must not operate a marina unless the
person does the following:
(1) Provides a
pumpout that is:
(A) in good working order;
and
(B) readily accessible to
patrons of the marina.
(2) Secures and maintains one (1) of the
following:
(A) A license under
327 IAC
3-2 for the construction and operation of a wastewater
treatment facility or sanitary sewer.
(B) A license under
410 IAC
6-10 for the construction of a commercial on-site
wastewater disposal facility.
(C)
An alternative written approval for wastewater disposal from an authorized
governmental agency.
(b) The department shall require compliance
with subsection (a) as a condition for the issuance of a license under section
2 of this rule.
(c) A person may
apply to the division of law enforcement for an exemption from this section.
The exemption shall be granted, for a period not to exceed five (5) years,
where the person demonstrates either of the following:
(1) The marina is designed to serve
exclusively boats that are neither required nor likely to be equipped with a
marine sanitation device.
(2) The
operator of the marina has entered a binding agreement with another marina or
similar facility along the waterway to provide pumpout services where the other
marina or similar facility:
(A) maintains a
lawful pumpout as described in subsection (a);
(B) is in proximity to the marina seeking the
exemption so patrons to be served at a pumpout, which would otherwise be
required at the exempted marina, would not be significantly inconvenienced;
and
(C) has sufficient pumpout
capacity and accessibility to effectively serve the patrons of both parties to
the agreement.
Notes
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