HOUSE BILL No. 1383
DIGEST OF INTRODUCED BILL
Synopsis: Residential sewage disposal systems. Authorizes a local
health department to allow a failed residential sewage disposal system
to be replaced with an offsite discharging system.
Effective: April 1, 2002.
Ripley, GiaQuinta, Borror
January 15, 2002, read first time and referred to Committee on Environmental Affairs.
Second Regular Session 112th General Assembly (2002)
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HOUSE BILL No. 1383
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-18-2-258.1; (02)IN1383.1.1. -->
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE APRIL 1, 2002]: Sec. 258.1. "Offsite discharging
system", for purposes of
, has the meaning set forth in
SOURCE: IC 16-41-25-4; (02)IN1383.1.2. -->
IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2002]: Sec. 4. (a) As used in this section, "offsite
discharging system" means a sewage disposal system that is
designed and manufactured to discharge treated effluent into
surface waters without degrading the water quality.
(b) A rule that the state department adopts concerning sewage
disposal systems, including the installation of residential septic
systems, may not prohibit a local health department from allowing
a person to replace a residential sewage disposal system with an
offsite discharging system if the local health department
determines that the following conditions are met:
(1) The existing sewage disposal system fails to meet public
health and environmental standards.
(2) The existing sewage disposal system serves one (1) of the
(A) A habitable residential structure.
(B) A residential structure that was recently destroyed or
moved that will be replaced with a habitable residential
(3) The local health department cannot locate a sanitary
sewer connection for the residence because:
(A) there is not a sanitary sewer connection available;
(B) the operator of the sanitary sewer connection refuses
to allow a connection; or
(C) the cost of connecting to the sanitary sewer would cost
more than two (2) times the cost of an offsite discharging
(4) The residential property cannot operate an acceptable soil
absorption system because of the property's:
(A) soil characteristics;
(B) size; or
(C) topographical conditions.
(5) The owner of the property agrees to install an offsite
discharging system that the local health department
determines is the most appropriate technology available for
the property. The local health department's determination
must include an assessment of the offsite discharging system's
maintenance requirements and discharge quality.
(6) The offsite discharging system is installed by a person who
is registered with the county to install the system.
(c) The local health department may approve offsite discharging
systems under this section if a local ordinance establishes an offsite
discharging system monitoring, operation, and maintenance
program that provides for the following:
(1) Specific maintenance schedules for offsite discharging
(2) Registering persons who install and maintain offsite
(3) Requiring that offsite discharging system maintenance
records be kept.
(4) Periodic monitoring of the offsite discharging system's
(5) Assessing the owner of the offsite discharging system a
reasonable fee for the cost of the program.
SOURCE: ; (02)IN1383.1.3. -->
SECTION 3. An emergency is declared for this act.