Introduced Version




Citations Affected: IC 16-18-2-258.1 ; IC 16-41-25-4.

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)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-18-2-258.1; (02)IN1383.1.1. -->     SECTION 1. IC 16-18-2-258.1 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 IC 16-41-25 , has the meaning set forth in IC 16-41-25-4 (a).
SOURCE: IC 16-41-25-4; (02)IN1383.1.2. -->     SECTION 2. IC 16-41-25-4 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 following:
            (A) A habitable residential structure.
            (B) A residential structure that was recently destroyed or moved that will be replaced with a habitable residential structure.
        (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 system.
        (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 systems.
        (2) Registering persons who install and maintain offsite discharging systems.
        (3) Requiring that offsite discharging system maintenance records be kept.
        (4) Periodic monitoring of the offsite discharging system's effluent.
        (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.