Indiana 2023 Regular Session

Indiana Senate Bill SB0414 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0414.2
	2	+	Reprinted
	3	+	March 28, 2023
	4	+	ENGROSSED
	5	+	SENATE BILL No. 414
	6	+	_____
	7	+	DIGEST OF SB 414 (Updated March 27, 2023 3:24 pm - DI 150)
	8	+	Citations Affected: IC 13-11; IC 13-18; IC 16-41; IC 36-11.
	9	+	Synopsis: Onsite sewage systems and holding tanks. Changes the
	10	+	definition of class III wetlands. Defines "onsite residential sewage
	11	+	discharging disposal system" to provide that the term includes a system
	12	+	that employs advanced treatment components not used in standard
	13	+	septic systems to reduce the concentration of the pathogenic
	14	+	constituents of the effluent to an acceptable level before the effluent is
	15	+	discharged. Allows point source discharge of treated sewage from an
	16	+	onsite residential sewage discharging disposal system to provide that
	17	+	the law applies to any county onsite waste management district instead
	18	+	of applying only to one particular county. Allows a local health
	19	+	department to issue an operating permit for an onsite residential
	20	+	sewage discharging disposal system within a county onsite waste
	21	+	management district: (1) to authorize the technical review panel, the
	22	+	(Continued next page)
	23	+	Effective: Upon passage.
	24	+	Byrne, Sandlin, Niezgodski, Doriot,
	25	+	Tomes
	26	+	(HOUSE SPONSORS — ENGLEMAN, MILLER D, KING)
	27	+	January 19, 2023, read first time and referred to Committee on Environmental Affairs.
	28	+	January 30, 2023, reported favorably — Do Pass.
	29	+	February 2, 2023, read second time, ordered engrossed. Engrossed.
	30	+	February 6, 2023, read third time, passed. Yeas 44, nays 5.
	31	+	HOUSE ACTION
	32	+	February 28, 2023, read first time and referred to Committee on Environmental Affairs.
	33	+	March 23, 2023, amended, reported — Do Pass.
	34	+	March 27, 2023, read second time, amended, ordered engrossed.
	35	+	ES 414—LS 7217/DI 55 Digest Continued
	36	+	Indiana department of health, or the environmental rules board to adopt
	37	+	guidelines for purposes of guiding local health departments in taking
	38	+	the actions and making the determinations required when issuing an
	39	+	operating permit for an onsite residential sewage discharging disposal
	40	+	system; (2) to provide that, if the amendment of the National Pollutant
	41	+	Discharge Elimination System (NPDES) general permit issued by the
	42	+	department of environmental management for the purposes of the
	43	+	county onsite waste management district law is necessary or advisable
	44	+	to enable onsite waste management districts established after June 30,
	45	+	2023, to function properly and effectively, the department shall amend
	46	+	the general permit as soon as reasonably possible after June 30, 2023;
	47	+	and (3) to authorize the county executives of two or more counties to
	48	+	establish a single county onsite waste management district by entering
	49	+	into an interlocal cooperation agreement. Provides that septage that
	50	+	originates from a residential or commercial source may be held in one
	51	+	or more holding tanks of not more than 10,000 gallons until removed
	52	+	and transported from the site. Establishes requirements for septage
	53	+	holding tanks. Requires a permit from the local health department for
	54	+	the operation of a septage holding tank. Requires a septage tank owner
	55	+	to enter into a written contract with a septage management vehicle
	56	+	operator for regular removal of septage from the tank, to provide a copy
	57	+	of the contract to the local health department, and to provide proof to
	58	+	the local health department that the tank owner is regularly paying for
	59	+	the removal of septage from the holding tank. Requires a local health
	60	+	department to report to IDEM concerning the septage tanks in its
	61	+	jurisdiction.
	62	+	ES 414—LS 7217/DI 55ES 414—LS 7217/DI 55 Reprinted
	63	+	March 28, 2023
1	64		First Regular Session of the 123rd General Assembly (2023)
2	65		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	66		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	67		additions will appear in this style type, and deletions will appear in this style type.
5	68		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	69		provision adopted), the text of the new provision will appear in this style type. Also, the
7	70		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	71		a new provision to the Indiana Code or the Indiana Constitution.
9	72		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	73		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 414
12		-	AN ACT to amend the Indiana Code concerning environmental law.
	74	+	ENGROSSED
	75	+	SENATE BILL No. 414
	76	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	77	+	environmental law.
13	78		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 13-11-2-144.7 IS AMENDED TO READ AS
15		-	FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 144.7. (a) For
16		-	purposes of IC 13-18-12, "onsite residential sewage discharging
17		-	disposal system" means a sewage disposal system that:
	79	+	1 SECTION 1. IC 13-11-2-25.8, AS AMENDED BY P.L.160-2021,
	80	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	81	+	3 UPON PASSAGE]: Sec. 25.8. (a) For purposes of IC 13-18:
	82	+	4 (1) "Class I wetland" means an isolated wetland described by one
	83	+	5 (1) or both of the following:
	84	+	6 (A) At least fifty percent (50%) of the wetland has been
	85	+	7 disturbed or affected by human activity or development by one
	86	+	8 (1) or more of the following:
	87	+	9 (i) Removal or replacement of the natural vegetation.
	88	+	10 (ii) Modification of the natural hydrology.
	89	+	11 (B) The wetland supports only minimal wildlife, or aquatic
	90	+	12 habitat, or hydrologic function because the wetland does not
	91	+	13 provide critical habitat for threatened or endangered species
	92	+	14 listed in accordance with the Endangered Species Act of 1973
	93	+	15 (16 U.S.C. 1531 et seq.) and the wetland is characterized by at
	94	+	ES 414—LS 7217/DI 55 2
	95	+	1 least one (1) of the following:
	96	+	2 (i) The wetland is typified by low species diversity.
	97	+	3 (ii) The wetland contains greater than fifty percent (50%)
	98	+	4 areal coverage of non-native invasive species of vegetation.
	99	+	5 (iii) The wetland does not support significant wildlife or
	100	+	6 aquatic habitat.
	101	+	7 (iv) The wetland does not possess significant hydrologic
	102	+	8 function;
	103	+	9 (2) "Class II wetland" means an isolated wetland that supports
	104	+	10 moderate habitat or hydrological functions, including an isolated
	105	+	11 wetland that is dominated by native species but is generally
	106	+	12 without:
	107	+	13 (A) the presence of; or
	108	+	14 (B) habitat for;
	109	+	15 rare, threatened, or endangered species; and
	110	+	16 (3) "Class III wetland" means an isolated wetland:
	111	+	17 (A) that is located in a setting undisturbed or minimally
	112	+	18 disturbed by human activity or development and that supports
	113	+	19 more than minimal wildlife or aquatic habitat or hydrologic
	114	+	20 function; or and
	115	+	21 (B) that is of one (1) of the following rare and ecologically
	116	+	22 important types:
	117	+	23 (i) Acid bog.
	118	+	24 (ii) Acid seep.
	119	+	25 (iii) Circumneutral bog.
	120	+	26 (iv) Circumneutral seep.
	121	+	27 (v) Cypress swamp.
	122	+	28 (vi) Dune and swale.
	123	+	29 (vii) Fen.
	124	+	30 (viii) Forested fen.
	125	+	31 (ix) Forested swamp.
	126	+	32 (x) Marl beach.
	127	+	33 (xi) Muck flat.
	128	+	34 (xii) Panne.
	129	+	35 (xiii) Sand flat.
	130	+	36 (xiv) Sedge meadow.
	131	+	37 (xv) Shrub swamp.
	132	+	38 (xvi) Sinkhole pond.
	133	+	39 (xvii) Sinkhole swamp.
	134	+	40 (xviii) Wet floodplain forest.
	135	+	41 (xix) Wet prairie.
	136	+	42 (xx) Wet sand prairie.
	137	+	ES 414—LS 7217/DI 55 3
	138	+	1 (b) For purposes of this section, a wetland or setting is not
	139	+	2 considered disturbed or affected as a result of an action taken after
	140	+	3 January 1, 2004, for which a permit is required under IC 13-18-22 but
	141	+	4 has not been obtained.
	142	+	5 SECTION 2. IC 13-11-2-144.7 IS AMENDED TO READ AS
	143	+	6 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 144.7. (a) For
	144	+	7 purposes of IC 13-18-12, "onsite residential sewage discharging
	145	+	8 disposal system" means a sewage disposal system that:
	146	+	9 (1) is located on a site with and serves a one (1) or two (2) family
	147	+	10 residence; and
	148	+	11 (2) discharges effluent offsite.
	149	+	12 (b) The term includes a system that employs advanced
	150	+	13 treatment components not used in standard septic systems, such as
	151	+	14 a disinfection component that uses chlorine, ultraviolet light, or
	152	+	15 ozone, to reduce the concentration of the pathogenic constituents
	153	+	16 of the effluent to an acceptable level before the effluent is
	154	+	17 discharged.
	155	+	18 SECTION 3. IC 13-18-12-3, AS AMENDED BY P.L.159-2011,
	156	+	19 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	157	+	20 UPON PASSAGE]: Sec. 3. (a) The board shall initiate, in accordance
	158	+	21 with IC 13-15, a septage management permit program for all persons
	159	+	22 who offer to perform or are performing septage management services.
	160	+	23 (b) A permit from the department may not be required for the
	161	+	24 ownership or operation of one (1) or more holding tanks described
	162	+	25 in IC 16-41-25-9 in which septage originating from a residential or
	163	+	26 commercial source is held until it is removed and transported from
	164	+	27 the site of the holding tanks by septage management vehicles.
	165	+	28 However:
	166	+	29 (1) the board may adopt rules under IC 4-22-2 and
	167	+	30 IC 13-14-9; or
	168	+	31 (2) the department may establish guidelines;
	169	+	32 concerning the reports to be provided to the department by local
	170	+	33 health departments under IC 16-41-25-9(h). The rules or guidelines
	171	+	34 may specify the content to be included in the reports and the
	172	+	35 frequency at which the reports must be provided.
	173	+	36 SECTION 4. IC 13-18-12-9, AS AMENDED BY P.L.104-2022,
	174	+	37 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	175	+	38 UPON PASSAGE]: Sec. 9. (a) This section applies only in a county
	176	+	39 having a population of more than three hundred fifty thousand
	177	+	40 (350,000) and less than four hundred thousand (400,000). onsite waste
	178	+	41 management district established under IC 36-11.
	179	+	42 (b) Except as provided in subsection (c), the point source discharge
	180	+	ES 414—LS 7217/DI 55 4
	181	+	1 of sewage, treated or untreated, from a dwelling or its associated
	182	+	2 residential sewage disposal system to waters is prohibited.
	183	+	3 (c) The point source discharge of treated sewage from an onsite
	184	+	4 residential sewage discharging disposal system to waters is permitted
	185	+	5 if:
	186	+	6 (1) the local health department for the jurisdiction in which the
	187	+	7 system is located issues an operating permit for the system under
	188	+	8 subsection (d); and
	189	+	9 (2) the discharge is authorized under a general permit issued
	190	+	10 under 40 CFR 122.28.
	191	+	11 (d) In a county onsite waste management district established under
	192	+	12 IC 36-11 that performs all the functions related to onsite waste
	193	+	13 management listed in IC 36-11-2-1, the local health department for the
	194	+	14 jurisdiction in which the system is located may issue an operating
	195	+	15 permit for an onsite residential sewage discharging disposal system if
	196	+	16 the system is installed to repair or replace a sewage disposal system
	197	+	17 that fails to meet public health and environmental standards and if:
	198	+	18 (1) the local health department adopts procedural rules for
	199	+	19 monitoring onsite residential sewage discharging disposal systems
	200	+	20 in the jurisdiction, including fines or penalties, or both, for
	201	+	21 noncompliance, to ensure that:
	202	+	22 (A) required maintenance is performed on the systems; and
	203	+	23 (B) the systems do not discharge effluent that violates water
	204	+	24 quality standards;
	205	+	25 (2) the local health department certifies, with respect to the
	206	+	26 system for which the permit is issued, that:
	207	+	27 (A) the system is capable of operating properly;
	208	+	28 (B) the system does not discharge effluent that violates water
	209	+	29 quality standards;
	210	+	30 (C) an acceptable septic tank soil absorption system cannot be
	211	+	31 located on the property served by the system because of:
	212	+	32 (i) soil characteristics;
	213	+	33 (ii) size; or
	214	+	34 (iii) topographical conditions;
	215	+	35 of the property;
	216	+	36 (D) the system:
	217	+	37 (i) was properly installed by a qualified installer; and
	218	+	38 (ii) provides the best available technology for residential
	219	+	39 discharging onsite sewage disposal systems; and
	220	+	40 (E) the local health department has:
	221	+	41 (i) investigated all technologies available for repair of the
	222	+	42 sewage disposal system that fails to meet public health and
	223	+	ES 414—LS 7217/DI 55 5
	224	+	1 environmental standards other than the use of an onsite
	225	+	2 residential sewage discharging disposal system; and
	226	+	3 (ii) determined that an onsite residential sewage discharging
	227	+	4 disposal system is the only possible technology that can be
	228	+	5 used to effect a repair of the sewage disposal system that
	229	+	6 fails to meet public health and environmental standards
	230	+	7 without causing unreasonable economic hardship to the
	231	+	8 system owner; and
	232	+	9 (3) the system for which the permit is issued cannot be connected
	233	+	10 to a sanitary sewer because:
	234	+	11 (A) there is not a local, municipal, or regional sanitary sewer
	235	+	12 connection available;
	236	+	13 (B) the sanitary sewer operator refuses connection; or
	237	+	14 (C) unreasonable economic hardship would result to the
	238	+	15 system owner because of:
	239	+	16 (i) the connection requirements of the sanitary sewer
	240	+	17 operator; or
	241	+	18 (ii) the distance to the sanitary sewer.
	242	+	19 (e) For purposes of providing guidance to local health
	243	+	20 departments in taking the actions and making the determinations
	244	+	21 described in subsection (d):
	245	+	22 (1) the technical review panel established under
	246	+	23 IC 16-19-3-27.5 may adopt guidelines;
	247	+	24 (2) the Indiana department of health, with guidance provided
	248	+	25 by the technical review panel established under
	249	+	26 IC 16-19-3-27.5, may issue rules under IC 4-22-2 or adopt
	250	+	27 guidelines; or
	251	+	28 (3) the environmental rules board may adopt rules under
	252	+	29 IC 4-22-2 and IC 13-14-9 or adopt guidelines;
	253	+	30 concerning onsite residential sewage discharging disposal systems.
	254	+	31 SECTION 5. IC 13-18-12-9.5 IS ADDED TO THE INDIANA
	255	+	32 CODE AS A NEW SECTION TO READ AS FOLLOWS
	256	+	33 [EFFECTIVE UPON PASSAGE]: Sec. 9.5. If the amendment of the
	257	+	34 National Pollutant Discharge Elimination System (NPDES) general
	258	+	35 permit issued by the department for the purposes of IC 36-11 is
	259	+	36 necessary or advisable to enable county onsite waste management
	260	+	37 districts established under IC 36-11 after June 30, 2023, to function
	261	+	38 properly and effectively, the department shall amend the general
	262	+	39 permit as soon as reasonably possible after June 30, 2023.
	263	+	40 SECTION 6. IC 16-41-25-9 IS ADDED TO THE INDIANA CODE
	264	+	41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	265	+	42 UPON PASSAGE]: Sec. 9. (a) As used in this section, "septage"
	266	+	ES 414—LS 7217/DI 55 6
	267	+	1 means human excreta, wastewater, scum, sludge, and other content
	268	+	2 introduced through incidental or accidental seepage that is
	269	+	3 removed from domestic septic tanks, holding tanks, privies,
	270	+	4 seepage pits, cesspools, compost toilets, or portable sanitary units.
	271	+	5 (b) As used in this section, "septage management vehicle"
	272	+	6 means a vehicle that is:
	273	+	7 (1) used for:
	274	+	8 (A) the removal of septage from holding tanks or sewage
	275	+	9 disposal systems; and
	276	+	10 (B) the transportation of the septage to wastewater
	277	+	11 treatment plants or other facilities for treatment,
	278	+	12 temporary storage, or disposal; and
	279	+	13 (2) subject to regulation under IC 13-18-12 and 327 IAC 7.1.
	280	+	14 (c) Septage that originates from a residential or commercial
	281	+	15 source may be held in one (1) or more holding tanks until it is
	282	+	16 removed and transported from the site of the holding tanks by a
	283	+	17 septage management vehicle. A holding tank to which this
	284	+	18 subsection applies may not have a capacity of more than ten
	285	+	19 thousand (10,000) gallons.
	286	+	20 (d) A holding tank used under this section must be:
	287	+	21 (1) designed and equipped so that septage can be cleanly and
	288	+	22 efficiently pumped from the tank into a septage management
	289	+	23 vehicle to be transported from the site of the tank; and
	290	+	24 (2) equipped with a device that will produce an audio and
	291	+	25 visual alarm when the septage in the tank reaches two-thirds
	292	+	26 (2/3) of the tank's capacity.
	293	+	27 (e) A holding tank described in this section may not be used to
	294	+	28 hold septage unless the tank owner has obtained a permit from the
	295	+	29 local health department of the county, city, or multiple county unit
	296	+	30 in which the holding tank is located. To obtain a permit, the owner
	297	+	31 of a holding tank must:
	298	+	32 (1) enter into a written contract with an operator of septage
	299	+	33 management vehicles providing for the removal of septage
	300	+	34 from the holding tank at regular intervals;
	301	+	35 (2) provide a copy of the contract to the local health
	302	+	36 department; and
	303	+	37 (3) commit to providing to the local health department copies
	304	+	38 of receipts or other records proving that the holding tank
	305	+	39 owner is regularly paying the septage management vehicle
	306	+	40 operator a fee for the removal of septage from the holding
	307	+	41 tank.
	308	+	42 (f) A permit issued to the owner of a holding tank may be
	309	+	ES 414—LS 7217/DI 55 7
	310	+	1 suspended or revoked, or renewal of the permit may be denied, for:
	311	+	2 (1) a violation of:
	312	+	3 (A) this section;
	313	+	4 (B) a condition stated in the permit; or
	314	+	5 (C) a requirement established under subsection (g); or
	315	+	6 (2) a problem involving the holding tank or the operation of
	316	+	7 the holding tank that creates a risk of harm to human health
	317	+	8 or the environment.
	318	+	9 (g) The local health department of a county, city, or multiple
	319	+	10 county unit may establish requirements:
	320	+	11 (1) concerning the issuance, term, and renewal of permits
	321	+	12 required under subsection (e);
	322	+	13 (2) concerning the design, construction, location, and
	323	+	14 operation of holding tanks described in this section; and
	324	+	15 (3) determining:
	325	+	16 (A) the ways in which a holding tank owner may provide
	326	+	17 the proof; and
	327	+	18 (B) how often the tank owner must provide the proof;
	328	+	19 required under subsection (e)(3).
	329	+	20 (h) In accordance with any rules or guidelines adopted under
	330	+	21 IC 13-18-12-3(b), a local health department that issues permits for
	331	+	22 the use of holding tanks under this section shall report to the
	332	+	23 department of environmental management concerning the holding
	333	+	24 tanks.
	334	+	25 SECTION 7. IC 36-11-1-3 IS AMENDED TO READ AS
	335	+	26 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. "Governing
	336	+	27 body" means:
	337	+	28 (1) the county executive of the county in which the district is
	338	+	29 located or proposed to be located; or
	339	+	30 (2) the county executive of a county that enters into an
	340	+	31 interlocal cooperation agreement under IC 36-11-3-1(d) to
	341	+	32 establish a district containing territory located in two (2) or
	342	+	33 more counties.
	343	+	34 SECTION 8. IC 36-11-3-1 IS AMENDED TO READ AS
	344	+	35 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The
	345	+	36 establishment of a district may be initiated only by the governing body.
	346	+	37 (b) The dissolution of a district may be initiated only by the
	347	+	38 governing body.
	348	+	39 (c) A notice of intent to establish or dissolve a district must be filed
	349	+	40 in:
	350	+	41 (1) the office of the executive of each governmental entity having
	351	+	42 territory within the proposed district or the district proposed for
	352	+	ES 414—LS 7217/DI 55 8
	353	+	1 dissolution;
	354	+	2 (2) the department of environmental management; and
	355	+	3 (3) the state Indiana department of health.
	356	+	4 (d) The governing bodies of two (2) or more counties may
	357	+	5 establish a single district containing territory located in both or all
	358	+	6 of the counties by entering into an interlocal cooperation
	359	+	7 agreement.
	360	+	8 SECTION 9. An emergency is declared for this act.
	361	+	ES 414—LS 7217/DI 55 9
	362	+	COMMITTEE REPORT
	363	+	Madam President: The Senate Committee on Environmental Affairs,
	364	+	to which was referred Senate Bill No. 414, has had the same under
	365	+	consideration and begs leave to report the same back to the Senate with
	366	+	the recommendation that said bill DO PASS.
	367	+	(Reference is to SB 414 as introduced.)
	368	+
	369	+	NIEMEYER, Chairperson
	370	+	Committee Vote: Yeas 8, Nays 2
	371	+	_____
	372	+	COMMITTEE REPORT
	373	+	Mr. Speaker: Your Committee on Environmental Affairs, to which
	374	+	was referred Senate Bill 414, has had the same under consideration and
	375	+	begs leave to report the same back to the House with the
	376	+	recommendation that said bill be amended as follows:
	377	+	Page 1, delete lines 1 through 10, begin a new paragraph and insert:
	378	+	"SECTION 1. IC 13-11-2-25.8, AS AMENDED BY P.L.160-2021,
	379	+	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	380	+	JULY 1, 2023]: Sec. 25.8. (a) For purposes of IC 13-18:
	381	+	(1) "Class I wetland" means an isolated wetland described by one
	382	+	(1) or both of the following:
	383	+	(A) At least fifty percent (50%) of the wetland has been
	384	+	disturbed or affected by human activity or development by one
	385	+	(1) or more of the following:
	386	+	(i) Removal or replacement of the natural vegetation.
	387	+	(ii) Modification of the natural hydrology.
	388	+	(B) The wetland supports only minimal wildlife, or aquatic
	389	+	habitat, or and hydrologic function because the wetland does
	390	+	not provide critical habitat for threatened or endangered
	391	+	species listed in accordance with the Endangered Species Act
	392	+	of 1973 (16 U.S.C. 1531 et seq.) and the wetland is
	393	+	characterized by at least one (1) of the following:
	394	+	(i) The wetland is typified by low species diversity.
	395	+	(ii) The wetland contains greater than fifty percent (50%)
	396	+	areal coverage of non-native invasive species of vegetation.
	397	+	(iii) The wetland does not support significant wildlife or
	398	+	aquatic habitat.
	399	+	(iv) The wetland does not possess significant hydrologic
	400	+	ES 414—LS 7217/DI 55 10
	401	+	function;
	402	+	(2) "Class II wetland" means an isolated wetland that supports
	403	+	moderate habitat or and hydrological functions, including an
	404	+	isolated wetland that is dominated by native species but is
	405	+	generally without:
	406	+	(A) the presence of; or
	407	+	(B) habitat for;
	408	+	rare, threatened, or endangered species; and
	409	+	(3) "Class III wetland" means an isolated wetland:
	410	+	(A) that is located in a setting undisturbed or minimally
	411	+	disturbed by human activity or development and that supports
	412	+	more than minimal wildlife or aquatic habitat or hydrologic
	413	+	function; or and
	414	+	(B) that is of one (1) of the following rare and ecologically
	415	+	important types:
	416	+	(i) Acid bog.
	417	+	(ii) Acid seep.
	418	+	(iii) Circumneutral bog.
	419	+	(iv) Circumneutral seep.
	420	+	(v) Cypress swamp.
	421	+	(vi) Dune and swale.
	422	+	(vii) Fen.
	423	+	(viii) Forested fen.
	424	+	(ix) Forested swamp.
	425	+	(x) Marl beach.
	426	+	(xi) Muck flat.
	427	+	(xii) Panne.
	428	+	(xiii) Sand flat.
	429	+	(xiv) Sedge meadow.
	430	+	(xv) Shrub swamp.
	431	+	(xvi) Sinkhole pond.
	432	+	(xvii) Sinkhole swamp.
	433	+	(xviii) Wet floodplain forest.
	434	+	(xix) Wet prairie.
	435	+	(xx) Wet sand prairie.
	436	+	(b) For purposes of this section, a wetland or setting is not
	437	+	considered disturbed or affected as a result of an action taken after
	438	+	January 1, 2004, for which a permit is required under IC 13-18-22 but
	439	+	has not been obtained.
	440	+	SECTION 2. IC 13-11-2-144.7 IS AMENDED TO READ AS
	441	+	FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 144.7. (a) For purposes
	442	+	of IC 13-18-12, "onsite residential sewage discharging disposal system"
	443	+	ES 414—LS 7217/DI 55 11
	444	+	means a sewage disposal system that:
18	445		(1) is located on a site with and serves a one (1) or two (2) family
19	446		residence; and
20	447		(2) discharges effluent offsite.
21	448		(b) The term includes a system that employs advanced
22	449		treatment components not used in standard septic systems, such as
23	450		a disinfection component that uses chlorine, ultraviolet light, or
24	451		ozone, to reduce the concentration of the pathogenic constituents
25	452		of the effluent to an acceptable level before the effluent is
26		-	discharged.
27		-	SECTION 2. IC 13-18-12-3, AS AMENDED BY P.L.159-2011,
28		-	SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29		-	UPON PASSAGE]: Sec. 3. (a) The board shall initiate, in accordance
30		-	with IC 13-15, a septage management permit program for all persons
31		-	who offer to perform or are performing septage management services.
32		-	(b) A permit from the department may not be required for the
33		-	ownership or operation of one (1) or more holding tanks described
34		-	SEA 414 — CC 1 2
35		-	in IC 16-41-25-9 in which septage originating from a residential or
36		-	commercial source is held until it is removed and transported from
37		-	the site of the holding tanks by septage management vehicles.
38		-	However:
39		-	(1) the board may adopt rules under IC 4-22-2 and
40		-	IC 13-14-9; or
41		-	(2) the department may adopt guidelines;
42		-	concerning the reports to be provided to the department by local
43		-	health departments under IC 16-41-25-9(h). The rules or guidelines
44		-	may specify the content to be included in the reports and the
45		-	frequency at which the reports must be provided.
46		-	SECTION 3. IC 13-18-12-9, AS AMENDED BY P.L.104-2022,
	453	+	discharged.".
	454	+	Page 2, delete lines 14 through 42, begin a new paragraph and
	455	+	insert:
	456	+	"SECTION 3. IC 13-18-12-9, AS AMENDED BY P.L.104-2022,
47	457		SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48		-	~~UPON PASSAGE~~]: Sec. 9. (a) This section applies only in a county
49		-	~~having~~ a population of more than three hundred fifty thousand
50		-	~~(350,000) and~~ less than four hundred thousand (400,000). onsite waste
51		-	~~management~~ district established under IC 36-11.
	458	+	JULY 1, 2023]: Sec. 9. (a) This section applies only in a county having
	459	+	a population of more than three hundred fifty thousand (350,000) and
	460	+	less than four hundred thousand (400,000). onsite waste management
	461	+	district established under IC 36-11.
52	462		(b) Except as provided in subsection (c), the point source discharge
53	463		of sewage, treated or untreated, from a dwelling or its associated
54	464		residential sewage disposal system to waters is prohibited.
55	465		(c) The point source discharge of treated sewage from an onsite
56	466		residential sewage discharging disposal system to waters is permitted
57	467		if:
58	468		(1) the local health department for the jurisdiction in which the
59	469		system is located issues an operating permit for the system under
60	470		subsection (d); and
61	471		(2) the discharge is authorized under a general permit issued
62	472		under 40 CFR 122.28.
63	473		(d) In a county onsite waste management district established under
64	474		IC 36-11 that performs all the functions related to onsite waste
65	475		management listed in IC 36-11-2-1, the local health department for the
66	476		jurisdiction in which the system is located may issue an operating
67	477		permit for an onsite residential sewage discharging disposal system if
68	478		the system is installed to repair or replace a sewage disposal system
69	479		that fails to meet public health and environmental standards and if:
70	480		(1) the local health department adopts procedural rules for
71	481		monitoring onsite residential sewage discharging disposal systems
72	482		in the jurisdiction, including fines or penalties, or both, for
73	483		noncompliance, to ensure that:
74	484		(A) required maintenance is performed on the systems; and
75	485		(B) the systems do not discharge effluent that violates water
	486	+	ES 414—LS 7217/DI 55 12
76	487		quality standards;
77		-	SEA 414 — CC 1 3
78	488		(2) the local health department certifies, with respect to the
79	489		system for which the permit is issued, that:
80	490		(A) the system is capable of operating properly;
81	491		(B) the system does not discharge effluent that violates water
82	492		quality standards;
83	493		(C) an acceptable septic tank soil absorption system cannot be
84	494		located on the property served by the system because of:
85	495		(i) soil characteristics;
86	496		(ii) size; or
87	497		(iii) topographical conditions;
88	498		of the property;
89	499		(D) the system:
90	500		(i) was properly installed by a qualified installer; and
91	501		(ii) provides the best available technology for residential
92	502		discharging onsite sewage disposal systems; and
93	503		(E) the local health department has:
94	504		(i) investigated all technologies available for repair of the
95	505		sewage disposal system that fails to meet public health and
96	506		environmental standards other than the use of an onsite
97	507		residential sewage discharging disposal system; and
98	508		(ii) determined that an onsite residential sewage discharging
99	509		disposal system is the only possible technology that can be
100	510		used to effect a repair of the sewage disposal system that
101	511		fails to meet public health and environmental standards
102	512		without causing unreasonable economic hardship to the
103	513		system owner; and
104	514		(3) the system for which the permit is issued cannot be connected
105	515		to a sanitary sewer because:
106	516		(A) there is not a local, municipal, or regional sanitary sewer
107	517		connection available;
108	518		(B) the sanitary sewer operator refuses connection; or
109	519		(C) unreasonable economic hardship would result to the
110	520		system owner because of:
111	521		(i) the connection requirements of the sanitary sewer
112	522		operator; or
113	523		(ii) the distance to the sanitary sewer.
114	524		(e) For purposes of providing guidance to local health
115	525		departments in taking the actions and making the determinations
116	526		described in subsection (d):
117	527		(1) the technical review panel established under
118	528		IC 16-19-3-27.5 may adopt guidelines;
	529	+	ES 414—LS 7217/DI 55 13
119	530		(2) the Indiana department of health, with guidance provided
120		-	SEA 414 — CC 1 4
121	531		by the technical review panel established under
122	532		IC 16-19-3-27.5, may issue rules under IC 4-22-2 or adopt
123	533		guidelines; or
124	534		(3) the environmental rules board may adopt rules under
125	535		IC 4-22-2 and IC 13-14-9 or adopt guidelines;
126	536		concerning onsite residential sewage discharging disposal systems.
127	537		SECTION 4. IC 13-18-12-9.5 IS ADDED TO THE INDIANA
128	538		CODE AS A NEW SECTION TO READ AS FOLLOWS
129	539		[EFFECTIVE UPON PASSAGE]: Sec. 9.5. If the amendment of the
130	540		National Pollutant Discharge Elimination System (NPDES) general
131	541		permit issued by the department for the purposes of IC 36-11 is
132	542		necessary or advisable to enable county onsite waste management
133	543		districts established under IC 36-11 after June 30, 2023, to function
134	544		properly and effectively, the department shall amend the general
135		-	permit as soon as reasonably possible after June 30, 2023.
136		-	SECTION 5. IC 16-41-25-9 IS ADDED TO THE INDIANA CODE
137		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
138		-	UPON PASSAGE]: Sec. 9. (a) As used in this section, "septage"
139		-	means human excreta, wastewater, scum, sludge, and other content
140		-	introduced through incidental or accidental seepage that is
141		-	removed from domestic septic tanks, holding tanks, privies,
142		-	seepage pits, cesspools, compost toilets, or portable sanitary units.
143		-	(b) As used in this section, "septage management vehicle"
144		-	means a vehicle that is:
145		-	(1) used for:
146		-	(A) the removal of septage from holding tanks or sewage
147		-	disposal systems; and
148		-	(B) the transportation of the septage to wastewater
149		-	treatment plants or other facilities for treatment,
150		-	temporary storage, or disposal; and
151		-	(2) subject to regulation under IC 13-18-12 and 327 IAC 7.1.
152		-	(c) Septage that originates from a residential or commercial
153		-	source may be held in one (1) or more holding tanks until it is
154		-	removed and transported from the site of the holding tanks by a
155		-	septage management vehicle. A holding tank to which this
156		-	subsection applies may not have a capacity of more than ten
157		-	thousand (10,000) gallons.
158		-	(d) A holding tank used under this section must be:
159		-	(1) designed and equipped so that septage can be cleanly and
160		-	efficiently pumped from the tank into a septage management
161		-	vehicle to be transported from the site of the tank; and
162		-	(2) equipped with a device that will produce an audio and
163		-	SEA 414 — CC 1 5
164		-	visual alarm when the septage in the tank reaches two-thirds
165		-	(2/3) of the tank's capacity.
166		-	(e) A holding tank described in this section may not be used to
167		-	hold septage unless the tank owner has obtained a permit from the
168		-	local health department of the county, city, or multiple county unit
169		-	in which the holding tank is located. To obtain a permit, the owner
170		-	of a holding tank must:
171		-	(1) enter into a written contract with an operator of septage
172		-	management vehicles providing for the removal of septage
173		-	from the holding tank at regular intervals;
174		-	(2) provide a copy of the contract to the local health
175		-	department; and
176		-	(3) commit to providing to the local health department copies
177		-	of receipts or other records proving that the holding tank
178		-	owner is regularly paying the septage management vehicle
179		-	operator a fee for the removal of septage from the holding
180		-	tank.
181		-	(f) A permit issued to the owner of a holding tank may be
182		-	suspended or revoked, or renewal of the permit may be denied, for:
183		-	(1) a violation of:
184		-	(A) this section;
185		-	(B) a condition stated in the permit; or
186		-	(C) a requirement established under subsection (g); or
187		-	(2) a problem involving the holding tank or the operation of
188		-	the holding tank that creates a risk of harm to human health
189		-	or the environment.
190		-	(g) The local health department of a county, city, or multiple
191		-	county unit may establish requirements:
192		-	(1) concerning the issuance, term, and renewal of permits
193		-	required under subsection (e);
194		-	(2) concerning the design, construction, location, and
195		-	operation of holding tanks described in this section; and
196		-	(3) determining:
197		-	(A) the ways in which a holding tank owner may provide
198		-	the proof; and
199		-	(B) how often the tank owner must provide the proof;
200		-	required under subsection (e)(3).
201		-	(h) In accordance with any rules or guidelines adopted under
202		-	IC 13-18-12-3(b), a local health department that issues permits for
203		-	the use of holding tanks under this section shall report to the
204		-	department of environmental management concerning the holding
205		-	tanks.
206		-	SEA 414 — CC 1 6
207		-	SECTION 6. An emergency is declared for this act.
208		-	SEA 414 — CC 1 President of the Senate
209		-	President Pro Tempore
210		-	Speaker of the House of Representatives
211		-	Governor of the State of Indiana
212		-	Date: Time:
213		-	SEA 414 — CC 1
	545	+	permit as soon as reasonably possible after June 30, 2023.".
	546	+	Delete pages 3 through 8.
	547	+	Page 10, between lines 27 and 28, begin a new paragraph and insert:
	548	+	"SECTION 5. IC 36-11-1-3 IS AMENDED TO READ AS
	549	+	FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. "Governing body"
	550	+	means:
	551	+	(1) the county executive of the county in which the district is
	552	+	located or proposed to be located; or
	553	+	(2) the county executive of a county that enters into an
	554	+	interlocal cooperation agreement under IC 36-11-3-1(d) to
	555	+	establish a district containing territory located in two (2) or
	556	+	more counties.
	557	+	SECTION 6. IC 36-11-3-1 IS AMENDED TO READ AS
	558	+	FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The
	559	+	establishment of a district may be initiated only by the governing body.
	560	+	(b) The dissolution of a district may be initiated only by the
	561	+	governing body.
	562	+	(c) A notice of intent to establish or dissolve a district must be filed
	563	+	in:
	564	+	(1) the office of the executive of each governmental entity having
	565	+	territory within the proposed district or the district proposed for
	566	+	dissolution;
	567	+	(2) the department of environmental management; and
	568	+	(3) the state department of health.
	569	+	(d) The governing bodies of two (2) or more counties may
	570	+	establish a single district containing territory located in both or all
	571	+	of the counties by entering into an interlocal cooperation
	572	+	ES 414—LS 7217/DI 55 14
	573	+	agreement.".
	574	+	Renumber all SECTIONS consecutively.
	575	+	and when so amended that said bill do pass.
	576	+	(Reference is to SB 414 as printed January 31, 2023.)
	577	+	MORRISON
	578	+	Committee Vote: yeas 8, nays 4.
	579	+	_____
	580	+	HOUSE MOTION
	581	+	Mr. Speaker: I move that Engrossed Senate Bill 414 be amended to
	582	+	read as follows:
	583	+	Replace the effective dates in SECTIONS 1 through 4 with
	584	+	"[EFFECTIVE UPON PASSAGE]".
	585	+	Replace the effective dates in SECTIONS 6 through 8 with
	586	+	"[EFFECTIVE UPON PASSAGE]".
	587	+	Page 1, line 11, reset in roman "or".
	588	+	Page 1, line 12, reset in roman "or" and delete "and".
	589	+	Page 2, line 10, reset in roman "or" and delete "and".
	590	+	Page 8, line 3, strike "state" and insert "Indiana".
	591	+	(Reference is to ESB 414 as printed March 23, 2023.)
	592	+	LEHMAN
	593	+	ES 414—LS 7217/DI 55