Citations Affected: IC 13-11; IC 13-18; noncode.
Synopsis: Groundwater standards for onsite sewage systems. 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
Effective: Upon passage.
January 6, 2004, read first time and referred to Committee on Environmental Affairs.
January 13, 2004, amended, reported favorably _ Do Pass.
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 nitrate and nitrite 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 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 3. [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 4. An emergency is declared for this act.