Citations Affected: IC 13-11; IC 13-17; IC 13-18; noncode.
Synopsis: Emission testing and onsite sewage systems. Provides that
a rule adopted by the air pollution control board that requires periodic
motor vehicle emissions tests may not require a motor vehicle to be
tested to demonstrate initial compliance with air emission control
standards until six calendar years after the model year of the vehicle.
Prohibits adoption of a rule by the state department of health (ISDH)
if the proposed rule applies the nitrate and nitrite numeric criteria
included in groundwater quality standards adopted by the water
pollution control board for onsite sewage systems. Voids any rule
adopted by ISDH to the extent that the rule is adopted for that purpose.
Requires the department of environmental management and ISDH to
jointly prepare a report concerning onsite sewage systems and nitrates
and nitrites in groundwater.
Effective: Upon passage; July 1, 2004.
January 6, 2004, read first time and referred to Committee on Environmental Affairs.
January 13, 2004, amended, reported favorably _ Do Pass.
January 20, 2004, read second time, ordered engrossed.
January 21, 2004, engrossed.
January 22, 2004, read third time, passed. Yeas 44, nays 2.
A BILL FOR AN ACT to amend the Indiana Code concerning
SECTION 1. IC 13-11-2-144.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 144.8. "Onsite sewage
system", for purposes of IC 13-18-17, means:
(1) all equipment and devices necessary for proper onsite:
(C) storage; and
(D) treatment; and
(2) absorption in soil;
of sewage from a residence or a commercial facility.
SECTION 2. IC 13-17-5-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) A rule adopted by the board under air pollution control laws that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes new vehicles exempt from the emissions tests for a time;
adopted by the board under subsection (a) to onsite sewage
(d) Any rule adopted by the executive board of the state department of health is void to the extent that the rule applies the nitrate and nitrite numeric criteria included in groundwater quality standards established in rules adopted by the Indiana water pollution control board under subsection (a) to onsite sewage systems.
SECTION 4. [EFFECTIVE UPON PASSAGE] (a) For purposes of this SECTION, "onsite sewage system" has the meaning set forth in IC 13-11-2-144.8.
(b) The department of environmental management and the state department of health shall jointly:
(1) prepare a report that includes the following:
(A) a review of literature and recent research to document:
(i) the effect of nitrates and nitrites in drinking water on public health;
(ii) the effect of onsite sewage systems on levels of nitrates and nitrites in groundwater;
(iii) the movement of nitrates and nitrites in soils; and
(iv) the onsite sewage system technologies available to achieve compliance with the nitrate and nitrite numeric criteria included in the groundwater quality standards under 327 IAC 2-11, as in effect January 1, 2004; and
(B) the impact if newly installed onsite sewage systems were required to comply with the nitrate and nitrite numeric criteria included in the groundwater quality standards under 327 IAC 2-11, as in effect January 1, 2004, including:
(i) the number of residences and commercial facilities affected; and
(ii) the cost of implementation; and
(2) submit the report referred to in subdivision (a) before January 1, 2009, to:
(A) the governor;
(B) the executive director of the legislative services agency in an electronic format under IC 5-14-6; and
(C) the environmental quality service council.
(c) This SECTION expires January 1, 2009.
SECTION 5. An emergency is declared for this act.