14 | | - | SECTION 1. IC 16-19-3-27, AS AMENDED BY P.L.56-2023, |
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| 47 | + | 1 SECTION 1. IC 16-19-3-27, AS AMENDED BY P.L.56-2023, |
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| 48 | + | 2 SECTION 146, IS AMENDED TO READ AS FOLLOWS |
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| 49 | + | 3 [EFFECTIVE UPON PASSAGE]: Sec. 27. (a) The state department |
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| 50 | + | 4 shall: |
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| 51 | + | 5 (1) study the use of: |
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| 52 | + | 6 (A) effluent filters; |
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| 53 | + | 7 (B) (A) recirculation media filters; |
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| 54 | + | 8 (C) (B) aeration treatment units; |
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| 55 | + | 9 (D) (C) drip irrigation; |
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| 56 | + | 10 (E) (D) graveless trenches; and |
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| 57 | + | 11 (F) (E) new technologies; |
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| 58 | + | 12 for residential septic systems residential onsite sewage systems |
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| 59 | + | 13 that will cause systems to perform satisfactorily as alternatives to |
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| 60 | + | 14 currently operating systems that do not perform satisfactorily |
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| 61 | + | 15 because of soil characteristics, lot sizes, topographical conditions, |
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| 62 | + | 16 or high water tables; and |
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| 63 | + | 17 (2) take all actions necessary to develop plans and specifications |
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| 64 | + | EH 1352—LS 7036/DI 150 2 |
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| 65 | + | 1 for use of the technologies listed in subdivision (1) in residential |
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| 66 | + | 2 septic systems residential onsite sewage systems. |
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| 67 | + | 3 (b) The executive board shall adopt reasonable rules under |
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| 68 | + | 4 IC 4-22-2 to: |
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| 69 | + | 5 (1) promulgate the plans and specifications developed under |
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| 70 | + | 6 subsection (a); and |
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| 71 | + | 7 (2) allow for the issuance of operating permits for: |
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| 72 | + | 8 (A) residential septic systems residential onsite sewage |
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| 73 | + | 9 systems that are installed in compliance with the plans and |
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| 74 | + | 10 specifications promulgated under subdivision (1); and |
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| 75 | + | 11 (B) onsite residential sewage discharging disposal systems in |
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| 76 | + | 12 a county having a population of more than three hundred fifty |
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| 77 | + | 13 thousand (350,000) and less than four hundred thousand |
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| 78 | + | 14 (400,000) that comply that complies with IC 13-18-12-9. |
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| 79 | + | 15 SECTION 2. IC 16-41-25-8.7 IS ADDED TO THE INDIANA |
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| 80 | + | 16 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 81 | + | 17 [EFFECTIVE JULY 1, 2024]: Sec. 8.7. (a) As used in this section, |
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| 82 | + | 18 "lot" means the parcel of real property on which any one (1) of the |
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| 83 | + | 19 following has been constructed or is proposed for construction: |
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| 84 | + | 20 (1) An apartment building. |
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| 85 | + | 21 (2) A church or other place of worship. |
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| 86 | + | 22 (3) A commercial establishment. |
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| 87 | + | 23 (4) A condominium. |
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| 88 | + | 24 (5) A medical facility. |
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| 89 | + | 25 (6) A motel. |
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| 90 | + | 26 (7) An office building. |
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| 91 | + | 27 (8) A restaurant. |
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| 92 | + | 28 (9) A school. |
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| 93 | + | 29 (b) A nonresidential onsite sewage system (as defined in |
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| 94 | + | 30 IC 16-19-3.5-3.5) may be installed in a lot described in subsection |
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| 95 | + | 31 (a) if at least one (1) site on the lot is determined to be suitable for |
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| 96 | + | 32 the installation of the nonresidential onsite sewage system (as |
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| 97 | + | 33 defined in IC 16-19-3.5-3.5). |
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| 98 | + | 34 SECTION 3. IC 16-41-25-10, AS ADDED BY P.L.232-2023, |
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| 99 | + | 35 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 100 | + | 36 JULY 1, 2024]: Sec. 10. (a) Neither an officer or employee of a local |
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| 101 | + | 37 health department nor another agency, officer, or employee of a county, |
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| 102 | + | 38 city, or town may enter property on which a residential onsite sewage |
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| 103 | + | 39 system is located for the purpose of inspecting the residential onsite |
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| 104 | + | 40 sewage system if, not more than one hundred eighty (180) days before |
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| 105 | + | 41 the date of the inspection, the owner or occupant of the residence |
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| 106 | + | 42 served by the residential onsite sewage system and: |
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| 107 | + | EH 1352—LS 7036/DI 150 3 |
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| 108 | + | 1 (1) a septic system installer or inspector registered with the |
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| 109 | + | 2 county in which the residential onsite sewage system is located; |
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| 110 | + | 3 (2) an onsite sewage system technician; or |
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| 111 | + | 4 (3) an Indiana professional engineer registered under IC 25-31-1; |
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| 112 | + | 5 state in a writing transmitted to the local health department, county, |
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| 113 | + | 6 city, or town that the residential onsite sewage system is functioning |
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| 114 | + | 7 properly. |
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| 115 | + | 8 (b) Subject to subsection (d), if subsection (a) does not apply, an |
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| 116 | + | 9 officer or employee of a local health department or another officer or |
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| 117 | + | 10 employee of a county, city, or town may not enter property on which a |
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| 118 | + | 11 residential onsite sewage system is located for the purpose of |
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| 119 | + | 12 inspecting the residential onsite sewage system unless the owner or |
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| 120 | + | 13 occupant of the residence served by the residential onsite sewage |
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| 121 | + | 14 system is given notice of the inspection by first class mail addressed to |
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| 122 | + | 15 the residence at least seven (7) days before the day of the inspection. |
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| 123 | + | 16 (c) Subject to subsection (d), an officer or employee of a local |
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| 124 | + | 17 health department may inspect residential onsite sewage systems |
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| 125 | + | 18 and nonresidential onsite sewage systems (as defined in |
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| 126 | + | 19 IC 16-19-3.5-3.5): |
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| 127 | + | 20 (1) after installation if: |
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| 128 | + | 21 (A) a manufacturer of a residential onsite sewage system |
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| 129 | + | 22 requires inspection of the system multiple times a year, an |
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| 130 | + | 23 owner of the property on which a residential onsite sewage |
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| 131 | + | 24 system is located may request an officer or employee of a local |
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| 132 | + | 25 health department or another agency, officer, or employee of |
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| 133 | + | 26 a county, city, or town to inspect the residential onsite sewage |
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| 134 | + | 27 system located on the owner's property, but the inspection may |
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| 135 | + | 28 only occur if the owner of the residential onsite sewage system |
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| 136 | + | 29 invites the inspector to the property. the manufacturer of a |
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| 137 | + | 30 residential onsite sewage system recommends inspection of |
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| 138 | + | 31 the system multiple times a year; |
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| 139 | + | 32 (B) an owner of the property on which a residential onsite |
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| 140 | + | 33 sewage system is located requests an officer or employee of |
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| 141 | + | 34 a local health department or another agency, officer, or |
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| 142 | + | 35 employee of a county, city, or town to inspect the |
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| 143 | + | 36 residential onsite sewage system located on the owner's |
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| 144 | + | 37 property; or |
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| 145 | + | 38 (C) a complaint is filed with the local health department |
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| 146 | + | 39 requiring an inspection or inspections to protect the health |
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| 147 | + | 40 of the community; |
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| 148 | + | 41 (2) to verify compliance with a permit issued under best |
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| 149 | + | 42 judgment pursuant to rules adopted under IC 4-22-2 not more |
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| 150 | + | EH 1352—LS 7036/DI 150 4 |
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| 151 | + | 1 than once per year; or |
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| 152 | + | 2 (3) to verify compliance with an operating permit issued |
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| 153 | + | 3 pursuant to rules adopted under IC 4-22-2 at least once per |
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| 154 | + | 4 year. |
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| 155 | + | 5 (d) An advance notice to the owner or occupant of the residence is |
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| 156 | + | 6 not required under subsection (b) in an urgent situation caused by a |
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| 157 | + | 7 malfunction of the residential onsite sewage system that creates a clear |
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| 158 | + | 8 and immediate danger to the public's health, safety, or property. |
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| 159 | + | 9 (e) This section shall not be interpreted as prohibiting or |
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| 160 | + | 10 restricting the periodic: |
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| 161 | + | 11 (1) inspection; |
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| 162 | + | 12 (2) servicing; |
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| 163 | + | 13 (3) testing; or |
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| 164 | + | 14 (4) maintenance; |
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| 165 | + | 15 of an onsite residential sewage discharging disposal system (as |
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| 166 | + | 16 defined in IC 13-11-2-144.7). |
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| 167 | + | 17 SECTION 4. IC 36-11-1-4 IS AMENDED TO READ AS |
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| 168 | + | 18 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. "System" means: |
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| 169 | + | 19 a sewage disposal system (as defined in IC 13-11-2-201). |
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| 170 | + | 20 (1) a cluster decentralized waste water treatment system (as |
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| 171 | + | 21 described in 410 IAC 6-10.1-6); or |
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| 172 | + | 22 (2) an onsite residential sewage discharging disposal system |
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| 173 | + | 23 (as defined in IC 13-11-2-144.7). |
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| 174 | + | 24 SECTION 5. IC 36-11-2-2 IS ADDED TO THE INDIANA CODE |
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| 175 | + | 25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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| 176 | + | 26 UPON PASSAGE]: Sec. 2. A district or local health department |
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| 177 | + | 27 may not assess a periodic permit or inspection fee that exceeds the |
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| 178 | + | 28 actual cost of the inspection incurred by the district or local health |
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| 179 | + | 29 department on an onsite sewage system or an onsite residential |
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| 180 | + | 30 sewage discharging disposal system (as defined in |
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| 181 | + | 31 IC 13-11-2-144.7). |
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| 182 | + | 32 SECTION 6. An emergency is declared for this act. |
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| 183 | + | EH 1352—LS 7036/DI 150 5 |
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| 184 | + | COMMITTEE REPORT |
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| 185 | + | Mr. Speaker: Your Committee on Environmental Affairs, to which |
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| 186 | + | was referred House Bill 1352, has had the same under consideration |
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| 187 | + | and begs leave to report the same back to the House with the |
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| 188 | + | recommendation that said bill do pass. |
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| 189 | + | (Reference is to HB 1352 as introduced.) |
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| 190 | + | MORRISON |
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| 191 | + | Committee Vote: Yeas 12, Nays 0 |
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| 192 | + | _____ |
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| 193 | + | HOUSE MOTION |
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| 194 | + | Mr. Speaker: I move that House Bill 1352 be amended to read as |
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| 195 | + | follows: |
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| 196 | + | Page 2, delete lines 27 through 42, begin a new paragraph and |
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| 197 | + | insert: |
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| 198 | + | "(c) Subject to subsection (d), an officer or employee of a local |
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| 199 | + | health department may inspect residential onsite sewage systems |
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| 200 | + | and onsite residential sewage discharging disposal systems (as |
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| 201 | + | defined in IC 13-11-2-144.7) after installation if: |
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| 202 | + | (1) a manufacturer of a residential onsite sewage system requires |
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| 203 | + | inspection of the system multiple times a year, an owner of the |
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| 204 | + | property on which a residential onsite sewage system is located |
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| 205 | + | may request an officer or employee of a local health department |
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| 206 | + | or another agency, officer, or employee of a county, city, or town |
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| 207 | + | to inspect the residential onsite sewage system located on the |
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| 208 | + | owner's property, but the inspection may only occur if the owner |
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| 209 | + | of the residential onsite sewage system invites the inspector to the |
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| 210 | + | property. the manufacturer of a residential onsite sewage |
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| 211 | + | system requires inspection of the system multiple times a |
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| 212 | + | year; |
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| 213 | + | (2) an inspection of the residential onsite sewage system is |
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| 214 | + | otherwise mandated by a state or federal law; |
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| 215 | + | (3) an owner of the property on which a residential onsite |
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| 216 | + | sewage system is located requests an officer or employee of a |
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| 217 | + | local health department or another agency, officer, or |
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| 218 | + | employee of a county, city, or town to inspect the residential |
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| 219 | + | onsite sewage system located on the owner's property; or |
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| 220 | + | (4) a complaint is filed with the local health department |
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| 221 | + | requiring an inspection or inspections to protect the health of |
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| 222 | + | the community.". |
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| 223 | + | EH 1352—LS 7036/DI 150 6 |
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| 224 | + | Page 3, delete line 1. |
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| 225 | + | Page 3, delete lines 6 through 10, begin a new paragraph and insert: |
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| 226 | + | "SECTION 3. IC 36-11-2-2 IS ADDED TO THE INDIANA CODE |
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| 227 | + | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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| 228 | + | UPON PASSAGE]: Sec. 2. A district or local health department |
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| 229 | + | may not assess a periodic permit or inspection fee that exceeds the |
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| 230 | + | actual cost of the inspection incurred by the district or local health |
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| 231 | + | department on an onsite sewage system or an onsite residential |
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| 232 | + | sewage discharging disposal system (as defined in |
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| 233 | + | IC 13-11-2-144.7). |
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| 234 | + | SECTION 4. An emergency is declared for this act.". |
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| 235 | + | Renumber all SECTIONS consecutively. |
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| 236 | + | (Reference is to HB 1352 as printed January 18, 2024.) |
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| 237 | + | PRESSEL |
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| 238 | + | _____ |
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| 239 | + | COMMITTEE REPORT |
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| 240 | + | Madam President: The Senate Committee on Environmental Affairs, |
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| 241 | + | to which was referred House Bill No. 1352, has had the same under |
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| 242 | + | consideration and begs leave to report the same back to the Senate with |
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| 243 | + | the recommendation that said bill be AMENDED as follows: |
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| 244 | + | Page 1, between the enacting clause and line 1, begin a new |
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| 245 | + | paragraph and insert: |
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| 246 | + | "SECTION 1. IC 16-18-2-263.6, AS ADDED BY P.L.181-2018, |
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| 247 | + | SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 248 | + | UPON PASSAGE]: Sec. 263.6. "Onsite sewage system", for purposes |
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| 249 | + | of IC 16-41-25 and IC 16-41-25.5, has the meaning set forth in |
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| 250 | + | IC 16-41-25.5-1. |
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| 251 | + | SECTION 2. IC 16-19-3-27, AS AMENDED BY P.L.56-2023, |
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48 | | - | [EFFECTIVE JULY 1, 2024]: Sec. 8.7. (a) As used in this section, |
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49 | | - | "lot" means the parcel of real property on which any one (1) of the |
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50 | | - | following has been constructed or is proposed for construction: |
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51 | | - | (1) An apartment building. |
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52 | | - | (2) A church or other place of worship. |
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53 | | - | (3) A commercial establishment. |
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54 | | - | (4) A condominium. |
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55 | | - | (5) A medical facility. |
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56 | | - | (6) A motel. |
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57 | | - | (7) An office building. |
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58 | | - | (8) A restaurant. |
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59 | | - | (9) A school. |
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60 | | - | (b) A nonresidential onsite sewage system (as defined in |
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61 | | - | IC 16-19-3.5-3.5) may be installed in a lot described in subsection |
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62 | | - | (a) if at least one (1) site on the lot is determined to be suitable for |
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63 | | - | the installation of the nonresidential onsite sewage system (as |
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64 | | - | defined in IC 16-19-3.5-3.5). |
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65 | | - | SECTION 3. IC 16-41-25-10, AS ADDED BY P.L.232-2023, |
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66 | | - | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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67 | | - | JULY 1, 2024]: Sec. 10. (a) Neither an officer or employee of a local |
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68 | | - | health department nor another agency, officer, or employee of a county, |
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69 | | - | city, or town may enter property on which a residential onsite sewage |
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70 | | - | system is located for the purpose of inspecting the residential onsite |
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71 | | - | sewage system if, not more than one hundred eighty (180) days before |
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72 | | - | the date of the inspection, the owner or occupant of the residence |
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73 | | - | served by the residential onsite sewage system and: |
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74 | | - | (1) a septic system installer or inspector registered with the |
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75 | | - | county in which the residential onsite sewage system is located; |
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76 | | - | (2) an onsite sewage system technician; or |
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77 | | - | (3) an Indiana professional engineer registered under IC 25-31-1; |
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78 | | - | state in a writing transmitted to the local health department, county, |
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79 | | - | HEA 1352 — Concur 3 |
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80 | | - | city, or town that the residential onsite sewage system is functioning |
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81 | | - | properly. |
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82 | | - | (b) Subject to subsection (d), if subsection (a) does not apply, an |
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83 | | - | officer or employee of a local health department or another officer or |
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84 | | - | employee of a county, city, or town may not enter property on which a |
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85 | | - | residential onsite sewage system is located for the purpose of |
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86 | | - | inspecting the residential onsite sewage system unless the owner or |
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87 | | - | occupant of the residence served by the residential onsite sewage |
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88 | | - | system is given notice of the inspection by first class mail addressed to |
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89 | | - | the residence at least seven (7) days before the day of the inspection. |
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90 | | - | (c) Subject to subsection (d), an officer or employee of a local |
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| 285 | + | [EFFECTIVE UPON PASSAGE]: Sec. 8.6. (a) An owner who installs |
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| 286 | + | an onsite sewage system shall notify the local health department in |
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| 287 | + | the county in which the onsite sewage system is located of the |
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| 288 | + | maintenance schedule recommended by the manufacturer of the |
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| 289 | + | new onsite sewage system. |
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| 290 | + | (b) An owner with an onsite sewage system shall: |
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| 291 | + | (1) notify the local health department in the county in which |
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| 292 | + | the onsite sewage system is located of recent inspections by a |
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| 293 | + | professional certified by the manufacturer of the onsite |
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| 294 | + | sewage system; and |
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| 295 | + | (2) provide all necessary documentation to the local health |
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| 296 | + | department in the county in which the onsite sewage system |
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| 297 | + | is located to demonstrate that the onsite sewage system |
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| 298 | + | located on the owner's property is operating correctly.". |
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| 299 | + | Page 2, delete lines 27 through 42, begin a new paragraph and |
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| 300 | + | insert: |
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| 301 | + | "(c) Subject to subsection (d), an officer or employee of a local |
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| 302 | + | health department, or another officer or employee of a county, city, |
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| 303 | + | town, or county onsite waste management district, may inspect a |
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| 304 | + | EH 1352—LS 7036/DI 150 8 |
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| 305 | + | residential onsite sewage system or a nonresidential onsite sewage |
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| 306 | + | system (as defined in IC 16-19-3.5-3.5) if: |
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| 307 | + | (1) a manufacturer of a residential onsite sewage system requires |
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| 308 | + | inspection of the system multiple times a year, an owner of the |
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| 309 | + | property on which a residential onsite sewage system is located |
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| 310 | + | may request an officer or employee of a local health department |
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| 311 | + | or another agency, officer, or employee of a county, city, or town |
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| 312 | + | to inspect the residential onsite sewage system located on the |
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| 313 | + | owner's property, but the inspection may only occur if the owner |
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| 314 | + | of the residential onsite sewage system invites the inspector to the |
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| 315 | + | property. the owner of the property on which the residential |
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| 316 | + | onsite sewage system or the nonresidential onsite sewage |
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| 317 | + | system is located requests that an officer or employee of the |
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| 318 | + | local health department or another office, department, or |
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| 319 | + | agency of the county, city, town, or county onsite waste |
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| 320 | + | management district inspect the residential onsite sewage |
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| 321 | + | system or the nonresidential onsite sewage system located on |
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| 322 | + | the owner's property; |
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| 323 | + | (2) the person is performing an inspection to verify |
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| 324 | + | compliance with a construction permit issued in accordance |
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| 325 | + | with the best judgment of the local department of health |
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| 326 | + | pursuant to 410 IAC 6-8.3-53(i); |
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| 327 | + | (3) the person is performing an inspection to verify |
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| 328 | + | compliance with an onsite sewage system operating permit |
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| 329 | + | under 410 IAC 6-8.3-54 and 410 IAC 6-10.1-54; |
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| 330 | + | (4) a complaint is filed with the local health department about |
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| 331 | + | an urgent situation caused by a malfunction in the residential |
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| 332 | + | onsite sewage system or the nonresidential onsite sewage |
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| 333 | + | system that creates a clear and immediate danger to the |
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| 334 | + | public's: |
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| 335 | + | (A) health; |
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| 336 | + | (B) safety; or |
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| 337 | + | (C) property; or |
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| 338 | + | (5) an officer or employee of a local health department or |
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| 339 | + | another county officer or employee accompanies a |
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| 340 | + | professional certified by the manufacturer of the residential |
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| 341 | + | onsite sewage system or a nonresidential onsite sewage system |
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| 342 | + | that is carrying out a recommended inspection of the |
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| 343 | + | residential onsite sewage system or a nonresidential onsite |
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| 344 | + | sewage system.". |
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| 345 | + | Page 3, delete lines 1 through 9. |
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| 346 | + | Page 3, between lines 13 and 14, begin a new paragraph and insert: |
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| 347 | + | EH 1352—LS 7036/DI 150 9 |
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| 348 | + | "(e) This section shall not be interpreted as prohibiting or |
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| 349 | + | restricting the periodic: |
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| 350 | + | (1) inspection; |
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| 351 | + | (2) servicing; |
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| 352 | + | (3) testing; or |
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| 353 | + | (4) maintenance; |
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| 354 | + | of an onsite residential sewage discharging disposal system (as |
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| 355 | + | defined in IC 13-11-2-144.7). |
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| 356 | + | SECTION 3. IC 36-11-1-4 IS AMENDED TO READ AS |
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| 357 | + | FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. "System" means: |
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| 358 | + | a sewage disposal system (as defined in IC 13-11-2-201). |
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| 359 | + | (1) a cluster decentralized waste water treatment system (as |
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| 360 | + | described in 410 IAC 6-10.1-6); or |
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| 361 | + | (2) an onsite residential sewage discharging disposal system |
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| 362 | + | (as defined in IC 13-11-2-144.7).". |
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| 363 | + | Renumber all SECTIONS consecutively. |
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| 364 | + | and when so amended that said bill do pass. |
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| 365 | + | (Reference is to HB 1352 as reprinted January 31, 2024.) |
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| 366 | + | NIEMEYER, Chairperson |
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| 367 | + | Committee Vote: Yeas 11, Nays 0. |
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| 368 | + | _____ |
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| 369 | + | SENATE MOTION |
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| 370 | + | Madam President: I move that Engrossed House Bill 1352 be |
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| 371 | + | amended to read as follows: |
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| 372 | + | Page 1, delete lines 1 through 5. |
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| 373 | + | Page 2, delete lines 16 through 19, begin a new line double block |
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| 374 | + | indented and insert: |
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| 375 | + | "(B) onsite residential sewage discharging disposal systems in |
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| 376 | + | a county having a population of more than three hundred fifty |
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| 377 | + | thousand (350,000) and less than four hundred thousand |
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| 378 | + | (400,000) that comply that complies with IC 13-18-12-9.". |
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| 379 | + | Page 2, delete lines 20 through 35. |
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| 380 | + | Page 3, delete lines 37 through 42. |
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| 381 | + | Page 4, delete lines 1 through 37, begin a new paragraph and insert: |
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| 382 | + | "(c) Subject to subsection (d), an officer or employee of a local |
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