312 IAC 6-4-3 Sewage pumpout facilities for boats at a marina

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.