First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in this style type. Also, the
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between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 414
AN ACT to amend the Indiana Code concerning environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 13-11-2-144.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 144.7. (a) For
purposes of IC 13-18-12, "onsite residential sewage discharging
disposal system" means a sewage disposal system that:
(1) is located on a site with and serves a one (1) or two (2) family
residence; and
(2) discharges effluent offsite.
(b) The term includes a system that employs advanced
treatment components not used in standard septic systems, such as
a disinfection component that uses chlorine, ultraviolet light, or
ozone, to reduce the concentration of the pathogenic constituents
of the effluent to an acceptable level before the effluent is
discharged.
SECTION 2. IC 13-18-12-3, AS AMENDED BY P.L.159-2011,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The board shall initiate, in accordance
with IC 13-15, a septage management permit program for all persons
who offer to perform or are performing septage management services.
(b) A permit from the department may not be required for the
ownership or operation of one (1) or more holding tanks described
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in IC 16-41-25-9 in which septage originating from a residential or
commercial source is held until it is removed and transported from
the site of the holding tanks by septage management vehicles.
However:
(1) the board may adopt rules under IC 4-22-2 and
IC 13-14-9; or
(2) the department may adopt guidelines;
concerning the reports to be provided to the department by local
health departments under IC 16-41-25-9(h). The rules or guidelines
may specify the content to be included in the reports and the
frequency at which the reports must be provided.
SECTION 3. IC 13-18-12-9, AS AMENDED BY P.L.104-2022,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) This section applies only in a county
having a population of more than three hundred fifty thousand
(350,000) and less than four hundred thousand (400,000). onsite waste
management district established under IC 36-11.
(b) Except as provided in subsection (c), the point source discharge
of sewage, treated or untreated, from a dwelling or its associated
residential sewage disposal system to waters is prohibited.
(c) The point source discharge of treated sewage from an onsite
residential sewage discharging disposal system to waters is permitted
if:
(1) the local health department for the jurisdiction in which the
system is located issues an operating permit for the system under
subsection (d); and
(2) the discharge is authorized under a general permit issued
under 40 CFR 122.28.
(d) In a county onsite waste management district established under
IC 36-11 that performs all the functions related to onsite waste
management listed in IC 36-11-2-1, the local health department for the
jurisdiction in which the system is located may issue an operating
permit for an onsite residential sewage discharging disposal system if
the system is installed to repair or replace a sewage disposal system
that fails to meet public health and environmental standards and if:
(1) the local health department adopts procedural rules for
monitoring onsite residential sewage discharging disposal systems
in the jurisdiction, including fines or penalties, or both, for
noncompliance, to ensure that:
(A) required maintenance is performed on the systems; and
(B) the systems do not discharge effluent that violates water
quality standards;
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(2) the local health department certifies, with respect to the
system for which the permit is issued, that:
(A) the system is capable of operating properly;
(B) the system does not discharge effluent that violates water
quality standards;
(C) an acceptable septic tank soil absorption system cannot be
located on the property served by the system because of:
(i) soil characteristics;
(ii) size; or
(iii) topographical conditions;
of the property;
(D) the system:
(i) was properly installed by a qualified installer; and
(ii) provides the best available technology for residential
discharging onsite sewage disposal systems; and
(E) the local health department has:
(i) investigated all technologies available for repair of the
sewage disposal system that fails to meet public health and
environmental standards other than the use of an onsite
residential sewage discharging disposal system; and
(ii) determined that an onsite residential sewage discharging
disposal system is the only possible technology that can be
used to effect a repair of the sewage disposal system that
fails to meet public health and environmental standards
without causing unreasonable economic hardship to the
system owner; and
(3) the system for which the permit is issued cannot be connected
to a sanitary sewer because:
(A) there is not a local, municipal, or regional sanitary sewer
connection available;
(B) the sanitary sewer operator refuses connection; or
(C) unreasonable economic hardship would result to the
system owner because of:
(i) the connection requirements of the sanitary sewer
operator; or
(ii) the distance to the sanitary sewer.
(e) For purposes of providing guidance to local health
departments in taking the actions and making the determinations
described in subsection (d):
(1) the technical review panel established under
IC 16-19-3-27.5 may adopt guidelines;
(2) the Indiana department of health, with guidance provided
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by the technical review panel established under
IC 16-19-3-27.5, may issue rules under IC 4-22-2 or adopt
guidelines; or
(3) the environmental rules board may adopt rules under
IC 4-22-2 and IC 13-14-9 or adopt guidelines;
concerning onsite residential sewage discharging disposal systems.
SECTION 4. IC 13-18-12-9.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9.5. If the amendment of the
National Pollutant Discharge Elimination System (NPDES) general
permit issued by the department for the purposes of IC 36-11 is
necessary or advisable to enable county onsite waste management
districts established under IC 36-11 after June 30, 2023, to function
properly and effectively, the department shall amend the general
permit as soon as reasonably possible after June 30, 2023.
SECTION 5. IC 16-41-25-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) As used in this section, "septage"
means human excreta, wastewater, scum, sludge, and other content
introduced through incidental or accidental seepage that is
removed from domestic septic tanks, holding tanks, privies,
seepage pits, cesspools, compost toilets, or portable sanitary units.
(b) As used in this section, "septage management vehicle"
means a vehicle that is:
(1) used for:
(A) the removal of septage from holding tanks or sewage
disposal systems; and
(B) the transportation of the septage to wastewater
treatment plants or other facilities for treatment,
temporary storage, or disposal; and
(2) subject to regulation under IC 13-18-12 and 327 IAC 7.1.
(c) Septage that originates from a residential or commercial
source may be held in one (1) or more holding tanks until it is
removed and transported from the site of the holding tanks by a
septage management vehicle. A holding tank to which this
subsection applies may not have a capacity of more than ten
thousand (10,000) gallons.
(d) A holding tank used under this section must be:
(1) designed and equipped so that septage can be cleanly and
efficiently pumped from the tank into a septage management
vehicle to be transported from the site of the tank; and
(2) equipped with a device that will produce an audio and
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visual alarm when the septage in the tank reaches two-thirds
(2/3) of the tank's capacity.
(e) A holding tank described in this section may not be used to
hold septage unless the tank owner has obtained a permit from the
local health department of the county, city, or multiple county unit
in which the holding tank is located. To obtain a permit, the owner
of a holding tank must:
(1) enter into a written contract with an operator of septage
management vehicles providing for the removal of septage
from the holding tank at regular intervals;
(2) provide a copy of the contract to the local health
department; and
(3) commit to providing to the local health department copies
of receipts or other records proving that the holding tank
owner is regularly paying the septage management vehicle
operator a fee for the removal of septage from the holding
tank.
(f) A permit issued to the owner of a holding tank may be
suspended or revoked, or renewal of the permit may be denied, for:
(1) a violation of:
(A) this section;
(B) a condition stated in the permit; or
(C) a requirement established under subsection (g); or
(2) a problem involving the holding tank or the operation of
the holding tank that creates a risk of harm to human health
or the environment.
(g) The local health department of a county, city, or multiple
county unit may establish requirements:
(1) concerning the issuance, term, and renewal of permits
required under subsection (e);
(2) concerning the design, construction, location, and
operation of holding tanks described in this section; and
(3) determining:
(A) the ways in which a holding tank owner may provide
the proof; and
(B) how often the tank owner must provide the proof;
required under subsection (e)(3).
(h) In accordance with any rules or guidelines adopted under
IC 13-18-12-3(b), a local health department that issues permits for
the use of holding tanks under this section shall report to the
department of environmental management concerning the holding
tanks.
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SECTION 6. An emergency is declared for this act.
SEA 414 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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