Section 312 IAC 10-5-5 - Utility line placement that does not qualify for a general license; waivers for burial depth or clearanceAuthority: IC 14-10-2-4; IC 14-28-1-5
Affected: IC 14-28-1-29; IC 14-29-1; IC 14-33; IC 25-31-1; IC 36-9-27
Sec. 5.
The placement of a utility line that is not authorized under section 4 of this rule requires a license under IC 14-28-1, IC 14-29-1, and 312 IAC 10-4 and is subject to the following:
(1) Except as provided in subdivisions (2) and (3), a license application must be filed with the department to demonstrate the construction activities within the utility project area conform with section 4(b)(1) through 4(b)(9) of this rule.(2) The department may waive the minimum clearance requirements set forth in section 4(b)(8) of this rule if this subdivision is satisfied. The following information must be provided by the applicant: (A) A technical justification that clearly establishes a need for the waiver.(B) An economic analysis of the cost required to provide the minimum cover and the savings that would be realized if the minimum cover is waived.(C) An assessment that establishes that there will not be an unreasonable hazard to the safety of life or property or an unreasonably detrimental effect upon fish, wildlife, or botanical resources if the utility line would fail as a result of the waiver.(D) If the placement of the line is beneath the bed of a waterway and is subject to regulation as a flood control project, under the conservancy district act, or under the drainage code, documentation the county or municipality that has maintenance authority over the waterway has also waived the cover requirements. This documentation must:(i) be on the letterhead of the county or municipality;(ii) contain a copy of the statute or ordinance under which the county or municipality has regulatory authority over the waterway;(iii) contain a statement that clearly waives the minimum cover requirements; and(iv) contain a statement that the waiver will not impede future maintenance or reconstruction projects on the waterway.(3) The department may waive the minimum clearance requirements set forth in section 4(b)(9) of this rule if this subdivision is satisfied. The following information must be provided by the applicant: (A) A technical justification that establishes the need for the waiver.(B) An economic analysis of the cost required to provide the minimum clearance and the savings realized if waived.(C) An assessment that establishes that there will not be an unreasonable hazard to the safety of life or property or an unreasonably detrimental effect upon fish, wildlife, or botanical resources if the utility line fails as a result of the waiver.(D) Documentation of the regulatory flood elevation that includes either of the following: (i) A photocopy of the latest flood insurance study profile with the site and low point of the line clearly indicated.(ii) Computations by a certified professional engineer licensed under IC 25-31-1. Natural Resources Commission; 312 IAC 10-5-5; filed Jul 5, 2001, 9:12 a.m.: 24 IR 3396, eff Jan 1, 2002; filed Aug 2, 2004, 3:18 p.m.: 27 IR 3878; readopted filed Jul 21, 2008, 12:00 p.m.: 20080813-IR-312080072RFAReadopted filed 9/22/2014, 12:34 p.m.: 20141022-IR-312140065RFAReadopted filed 9/16/2020, 8:17 a.m.: 20201014-IR-312200345RFA