Citations Affected: IC 13-11-2-144.8; IC 13-18-17-5.
Synopsis: Groundwater standards for onsite sewage systems. Prohibits
adoption of a rule by the state department of health if the proposed rule
applies the numeric criteria included in groundwater quality standards
adopted by the water pollution control board for onsite sewage systems.
Voids any rule adopted by the department to the extent that the rule is
adopted for that purpose.
Effective: Upon passage.
January 6, 2004, read first time and referred to Committee on Environmental Affairs.
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 13-18-17-5, AS AMENDED BY P.L.168-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The
water pollution control board shall
adopt rules under IC 4-22-2 establishing groundwater quality standards
that include numeric and narrative criteria, a groundwater classification
plan, and a method of determining where the groundwater quality
standards must apply. The standards established under this subsection
shall be used for the following purposes:
(1) To establish minimum compliance levels for groundwater quality monitoring at regulated facilities.
(2) To ban the discharge of effluents into potable groundwater.
(3) To establish health protection goals for untreated water in water supply wells.
(4) To establish concentration limits for contaminants in ambient groundwater.
(b) Except as provided in subsection (c) and subject to subsection (d), the following agencies shall adopt rules under IC 4-22-2 to apply the groundwater quality standards established under this section to activities regulated by the agencies:
(1) The department.
(2) The department of natural resources.
(3) The state department of health.
(4) The office of the state chemist.
(5) The office of the state fire marshal.
(c) The executive board of the state department of health may not adopt rules to apply the numeric criteria included in groundwater quality standards established in rules adopted by the board under subsection (a) to onsite sewage systems.
(d) Any rule adopted by the executive board of the state department of health is void to the extent that the rule applies the 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 3. An emergency is declared for this act.