Introduced Version
HOUSE BILL No. 1610
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-31.7.
Synopsis: Onsite wastewater industry registry. Provides that beginning
January 1, 2026, an individual may not engage in onsite sewage system
service of a residential onsite sewage system in Indiana unless the
individual registers with the board of registration for onsite wastewater
professionals (board) as an onsite wastewater professional. Requires
the board to adopt management rules to implement the registration
program and to maintain a public registry of registered onsite
wastewater professionals.
Effective: July 1, 2025.
Criswell
January 21, 2025, read first time and referred to Committee on Environmental Affairs.
2025 IN 1610—LS 7755/DI 150 Introduced
First Regular Session of the 124th General Assembly (2025)
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1610
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-31.7 IS ADDED TO THE INDIANA CODE AS
2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2025]:
4 ARTICLE 31.7. ONSITE WASTEWATER PROFESSIONALS
5 Chapter 1. Applicability and Definitions
6 Sec. 1. (a) This chapter applies to individuals engaged in onsite
7 sewage system service in Indiana.
8 (b) The following individuals are exempt from the requirements
9 of this chapter:
10 (1) An employee of a local health department performing
11 official duties.
12 (2) A property owner performing work on a residential onsite
13 sewage system serving the property owner's primary
14 residence, if the work complies with local ordinances.
15 Sec. 2. The definitions in this chapter apply throughout this
16 article.
17 Sec. 3. "Board" means the board of registration for onsite
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1 wastewater professionals.
2 Sec. 4. "Onsite sewage system service" means:
3 (1) designing;
4 (2) installing;
5 (3) inspecting; or
6 (4) providing maintenance and repair services for;
7 a residential onsite sewage system or onsite residential sewage
8 discharging disposal system.
9 Chapter 2. Board of Registration for Onsite Wastewater
10 Professionals
11 Sec. 1. The board of registration for onsite wastewater
12 professionals is established as a continuing board serving the
13 executive branch of state government. The board shall administer
14 this article.
15 Sec. 2. Each member of the board must be:
16 (1) a resident of Indiana; and
17 (2) appointed by the governor.
18 Sec. 3. The board consists of the following five (5) members:
19 (1) One (1) representative of the department of environmental
20 management.
21 (2) One (1) representative of the Indiana department of
22 health.
23 (3) One (1) representative of an organization that inspects
24 residential onsite sewage systems and onsite residential
25 sewage discharging disposal systems.
26 (4) One (1) representative of an organization that installs
27 residential onsite sewage systems and onsite residential
28 sewage discharging disposal systems.
29 (5) One (1) representative of the Indiana Onsite Wastewater
30 Professionals Association (IOWPA).
31 Sec. 4. (a) Each board member serves a term of four (4) years.
32 (b) A board member may serve until the member's successor is
33 appointed and qualified under this chapter.
34 (c) A board member may not serve more than two (2)
35 consecutive terms.
36 Sec. 5. (a) The governor may remove a board member for cause.
37 (b) A vacancy in the membership of the board is filled by
38 appointment by the governor for the unexpired term.
39 Sec. 6. Three (3) members of the board constitute a quorum.
40 Sec. 7. The affirmative vote of a majority of the total
41 membership of the board is required for the board to take action
42 on any matter.
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1 Sec. 8. (a) Each year the board shall elect from its members a
2 chairperson and a secretary.
3 (b) The chairperson shall serve a term of one (1) year and may
4 be reappointed as chairperson.
5 Sec. 9. (a) Each member of the board who is not a state
6 employee is entitled to the following:
7 (1) A minimum salary per diem provided by
8 IC 4-10-11-2.1(b).
9 (2) Reimbursement for mileage.
10 (3) Reimbursement for traveling expenses as provided under
11 IC 4-13-1-4.
12 (4) Reimbursement for other expenses actually incurred in
13 connection with the member's duties as provided in the state
14 policies and procedures established by the Indiana
15 department of administration and approved by the budget
16 agency.
17 (b) Each member of the board who is a state employee but who
18 is not a member of the general assembly is entitled to the following:
19 (1) Reimbursement for traveling expenses as provided under
20 IC 4-13-1-4.
21 (2) Reimbursement for other expenses actually incurred in
22 connection with the member's duties as provided in the state
23 policies and procedures established by the Indiana
24 department of administration and approved by the budget
25 agency.
26 (c) The board shall pay the expenses of the board with money
27 from the onsite wastewater professional registration fund
28 established by IC 25-31.7-3-8.
29 Chapter 3. Duties and Powers of the Board
30 Sec. 1. (a) The board shall meet:
31 (1) at least one (1) time each calendar year; and
32 (2) at other times when:
33 (A) the chairperson; or
34 (B) a quorum of the board;
35 considers a meeting necessary.
36 (b) Members of the board must be notified of the date, time, and
37 location of a meeting of the board at least ten (10) days before the
38 meeting.
39 Sec. 2. Each year the board shall:
40 (1) determine the costs incurred in administering the program
41 for the registration of onsite wastewater professionals under
42 this article; and
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1 (2) if necessary, adjust the amount of the registration fees and
2 renewal fees paid under IC 25-31.7-4-3;
3 to ensure that the program is self-supporting.
4 Sec. 3. (a) The board shall determine the qualifications of
5 applicants for registration.
6 (b) The board shall:
7 (1) require an applicant for registration to submit evidence of
8 the applicant's qualifications; and
9 (2) judge an applicant on evidence of the applicant's
10 professional competency and integrity under rules adopted by
11 the board.
12 Sec. 4. (a) The board may adopt rules under IC 4-22-2 to
13 establish a code of professional conduct for onsite wastewater
14 professionals.
15 (b) If the board adopts or amends a code of professional conduct
16 under subsection (a), the board shall mail a copy of the code and
17 any amendments to all individuals listed on the public registry
18 described in IC 25-31.7-4-4.
19 (c) A mailing under this section constitutes service for purposes
20 of this article.
21 Sec. 5. (a) The attorney general shall act as legal adviser to the
22 board and provide any legal assistance necessary to carry out this
23 article.
24 (b) The board may employ private counsel at the expense of the
25 board.
26 Sec. 6. (a) The board may enter into a contract with the
27 department of environmental management or a third party under
28 which:
29 (1) the department of environmental management or the third
30 party provides:
31 (A) clerical support;
32 (B) administrative support for the onsite wastewater
33 professional registration fund established by section 8 of
34 this chapter;
35 (C) record keeping services; and
36 (D) office space;
37 to the board; and
38 (2) the board pays compensation to the department of
39 environmental management or a third party at a rate and at
40 intervals set by the contract.
41 (b) The contract entered into under this section may include
42 provisions under which the department of environmental
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1 management or the third party, in exchange for compensation, fills
2 needs of the board other than those described in subsection (a)(1).
3 Sec. 7. The board may adopt rules under IC 4-22-2 that are
4 consistent with this article and reasonably required for the conduct
5 of the board's responsibilities and duties.
6 Sec. 8. (a) The onsite wastewater professional registration fund
7 is established as a separate fund in the department of
8 environmental management to carry out the purposes of this
9 article. The fund is administered by the department.
10 (b) The fund consists of the registration fees and renewal fees
11 paid under IC 25-31.7-4-3.
12 (c) The expenses of administering the fund shall be paid from
13 money in the fund.
14 (d) The board shall collect all money paid under this article and
15 deposit the money in the fund.
16 (e) If required by the board, the department shall obtain a
17 surety bond conditioned upon the faithful performance of the
18 department's duties for the board in an amount determined by the
19 board. The surety bond must be issued by a surety company
20 authorized to transact business in Indiana. All costs of the surety
21 bond shall be paid from money in the fund.
22 (f) The state treasurer shall invest the money in the fund not
23 currently needed to meet the obligations of the fund in the same
24 manner as other public funds may be invested. Interest that
25 accrues from these investments must be deposited in the fund.
26 (g) Money in the fund at the end of a state fiscal year does not
27 revert to the state general fund.
28 Chapter 4. Registration Requirements
29 Sec. 1. The board shall do the following:
30 (1) Develop and administer a registration program for onsite
31 wastewater professionals.
32 (2) Establish qualifications, training, and examination
33 requirements for registrants.
34 (3) Maintain a public registry of registered onsite wastewater
35 professionals.
36 (4) Enforce compliance with this article.
37 Sec. 2. (a) To qualify for registration as an onsite wastewater
38 professional, an individual shall do the following:
39 (1) Successfully complete a board certified training course.
40 (2) Hold all necessary manufacturer certifications.
41 (3) Pass a board approved examination.
42 (4) Submit proof of liability insurance in accordance with
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1 rules adopted by the board.
2 (b) The board may waive the examination requirement of this
3 section for individuals who:
4 (1) hold an active certificate from a board certified training
5 course;
6 (2) hold all necessary manufacturer certifications; or
7 (3) demonstrate equivalent qualifications or certifications as
8 determined by rules adopted by the board.
9 Sec. 3. (a) An individual applying for registration shall do the
10 following:
11 (1) Submit an application on a form prescribed by the board.
12 (2) Pay a nonrefundable registration fee.
13 (3) Provide evidence of compliance with the qualifications
14 established by this chapter.
15 (b) A registration issued under this chapter:
16 (1) is valid for a period of three (3) years; and
17 (2) may be renewed at the time of expiration upon:
18 (A) payment of a renewal fee; and
19 (B) completion of at least twenty (20) hours of continuing
20 education during the registration period, as provided by:
21 (i) the Indiana Onsite Wastewater Professionals
22 Association (IOWPA);
23 (ii) the National Onsite Wastewater Recycling
24 Association (NOWRA);
25 (iii) the National Association of Wastewater Technicians
26 (NAWT); or
27 (iv) another board approved organization.
28 Sec. 4. (a) The public registry of all registered onsite wastewater
29 professionals must include the following information:
30 (1) The name and contact information of the registrant.
31 (2) The registrant's registration number and expiration date.
32 (3) The registrant's areas of practice, such as installation,
33 inspection, repair, service, pumping, and hauling.
34 (4) Any disciplinary actions taken against the registrant.
35 (b) The board may suspend, revoke, or refuse to renew the
36 registration of an onsite wastewater professional who:
37 (1) fails to comply with this chapter or rules adopted under
38 this chapter;
39 (2) engages in fraudulent or negligent practices; or
40 (3) submits false information during the application or
41 renewal process.
42 Sec. 5. Registered onsite wastewater professionals may oversee
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1 nonregistered team members assisting in onsite sewage system
2 service, if the registered onsite wastewater professional is
3 responsible for compliance with applicable laws and regulations.
4 Sec. 6. All registration fees collected under this chapter shall be
5 deposited in the onsite wastewater professional registration fund
6 established by IC 25-31.7-3-8.
7 Sec. 7. The board shall notify each individual registered under
8 this article of:
9 (1) the date of expiration of the individual's certificate; and
10 (2) the amount of the renewal fee established by the board.
11 Sec. 8. If an individual fails to pay the renewal fee within ninety
12 (90) days after the expiration date established by the board under
13 this chapter, the board shall:
14 (1) suspend the individual's registration under this article;
15 and
16 (2) delete the individual's name from the public registry
17 maintained under section 4 of this chapter;
18 until the renewal fee is paid.
19 Sec. 9. (a) If an individual fails to pay the renewal fee for two (2)
20 consecutive years, the board shall revoke the individual's
21 certificate of registration.
22 (b) If an individual whose certificate has been revoked under
23 subsection (a) desires to be reregistered, the individual:
24 (1) must submit an application to the board; and
25 (2) shall be considered as a new applicant.
26 Chapter 5. Certificates; Seal or Stamp
27 Sec. 1. (a) Upon receipt of the registration fee required by
28 IC 25-31.7-4-3, the board shall issue a registration certificate to an
29 applicant who, in the opinion of the board, satisfies all the
30 requirements for registration under IC 25-31.7-4.
31 (b) Each certificate must show the full name of the board.
32 Sec. 2. The issuance of a registration certificate to an onsite
33 wastewater professional by the board is prima facie evidence that
34 the individual named on the certificate is entitled to all rights and
35 privileges of a registered onsite wastewater professional while the
36 certificate remains in force.
37 Sec. 3. A replacement certificate, subject to the rules of the
38 board, may be issued to replace a certificate that has been lost,
39 destroyed, or mutilated.
40 Sec. 4. Each registered onsite wastewater professional may
41 obtain and use a seal or stamp of registration. The design of the
42 seal or stamp must:
2025 IN 1610—LS 7755/DI 150 8
1 (1) be authorized by the board; and
2 (2) contain:
3 (A) the onsite wastewater professional's name and
4 registration number; and
5 (B) the legend "Registered Onsite Wastewater
6 Professional".
7 Sec. 5. After an onsite wastewater professional's registration is
8 suspended or revoked, the onsite wastewater professional may not
9 engage in onsite sewage system service in Indiana until the
10 individual renews their registration with the board as an onsite
11 wastewater professional.
12 Chapter 6. Activities Prohibited to Individuals Who Are Not
13 Registered Onsite Wastewater Professionals
14 Sec. 1. Beginning January 1, 2026, an individual may not engage
15 in onsite sewage system service in Indiana unless the individual
16 registers with the board as an onsite wastewater professional.
17 Sec. 2. (a) An individual registered with the board as an onsite
18 wastewater professional may engage in onsite sewage system
19 service in any county within Indiana.
20 (b) A local health department may require an individual
21 registered with the board as an onsite wastewater professional to
22 pay a fee to operate in the local health department's jurisdiction.
23 (c) A local health department may establish and maintain a
24 registry of local onsite wastewater professionals operating in the
25 local health department's jurisdiction.
26 Chapter 7. Proceedings Against a Registered Onsite Wastewater
27 Professional
28 Sec. 1. The board may investigate:
29 (1) a suspected violation by an onsite wastewater professional
30 of:
31 (A) a code of professional conduct adopted under
32 IC 25-31.7-3-4; or
33 (B) other rules of the board concerning professional
34 competency and integrity; or
35 (2) other grounds for action against a registered onsite
36 wastewater professional under this chapter.
37 Sec. 2. (a) The board may file a complaint to impose conditions
38 on, suspend, or revoke the registration of an onsite wastewater
39 professional.
40 (b) The onsite wastewater professional to whom a complaint is
41 addressed may:
42 (1) agree to the terms of the complaint; or
2025 IN 1610—LS 7755/DI 150 9
1 (2) within twenty (20) days after receiving the complaint,
2 request an informal review of the complaint before the board.
3 (c) The failure of a registered onsite wastewater professional to
4 request an informal review under subsection (b)(2) constitutes an
5 agreement to the terms of the complaint.
6 Sec. 3. (a) An individual or organization may bring a complaint
7 of fraud, deceit, gross negligence, or misconduct against an onsite
8 wastewater professional.
9 (b) A complaint brought under subsection (a) must be:
10 (1) in writing;
11 (2) sworn to by:
12 (A) the individual; or
13 (B) an officer of the organization;
14 making the complaint; and
15 (3) filed with the board within two (2) years after the incident
16 alleged in the complaint.
17 Sec. 4. (a) The board shall consider:
18 (1) a request for an informal review of a complaint brought
19 under section 2 of this chapter; or
20 (2) a complaint brought under section 3 of this chapter;
21 during a meeting of the board.
22 (b) The board may adopt rules under IC 4-22-2 to compel a
23 registered onsite wastewater professional to respond to matters
24 that relate to a complaint under section 2 of this chapter or a
25 complaint brought under section 3 of this chapter.
26 (c) The board may adopt rules under IC 4-22-2 establishing
27 procedures for the conduct of a meeting under this section,
28 including the subpoena of witnesses and documents.
29 (d) A meeting held under this section shall be conducted in an
30 informal manner. However, the board shall keep a written record
31 of the proceeding.
32 (e) As soon as possible following a meeting under this section,
33 the board shall:
34 (1) terminate its proceedings on the complaint under section
35 2 of this chapter or the complaint brought under section 3 of
36 this chapter; or
37 (2) provide notice under IC 4-21.5-3-6 of a determination to
38 impose conditions on, suspend, or revoke the registration of
39 the onsite wastewater professional.
40 Sec. 5. A registered onsite wastewater professional who receives
41 a determination under section 4 of this chapter shall:
42 (1) comply with the terms of the determination; or
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1 (2) request administrative review under IC 25-31.7-8.
2 Sec. 6. (a) The board may:
3 (1) suspend the registration of;
4 (2) refuse to renew the registration of;
5 (3) revoke the registration of;
6 (4) reprimand; or
7 (5) place on probation;
8 an onsite wastewater professional for any grounds set forth in
9 subsection (b).
10 (b) The board may take action under subsection (a) against an
11 onsite wastewater professional who is found to have:
12 (1) committed fraud or deceit in obtaining registration under
13 this article;
14 (2) committed gross negligence, incompetence, or misconduct
15 in the public practice of onsite sewage system service;
16 (3) been convicted by a court of law of:
17 (A) a felony; or
18 (B) a crime involving moral turpitude;
19 (4) committed a violation of a code of professional conduct
20 adopted by the board under IC 25-31.7-3-4; or
21 (5) committed an unlawful act set forth in section 7 of this
22 chapter.
23 Sec. 7. A person or entity performing work as an onsite
24 wastewater professional without valid registration under this
25 chapter is subject to:
26 (1) a civil penalty not exceeding one thousand dollars ($1,000)
27 per violation; and
28 (2) additional penalties or corrective actions prescribed by the
29 department.
30 Chapter 8. Administrative Review and Judicial Review
31 Sec. 1. If requested, an administrative review of a determination
32 made by the board under this article shall be conducted before an
33 administrative law judge appointed by the natural resources
34 commission or the director of the division of hearings under
35 IC 14-10-2-2.
36 Sec. 2. The parties to the proceeding include:
37 (1) the individual seeking administrative review of the
38 determination by the board; and
39 (2) the board.
40 Sec. 3. An administrative law judge appointed under section 1
41 of this chapter is the ultimate authority for the board for purposes
42 of IC 4-21.5-3-27, and the order of the administrative law judge
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1 disposing of a proceeding is final.
2 Sec. 4. A party that is dissatisfied with a final order rendered by
3 an administrative law judge in a proceeding under this chapter
4 may obtain judicial review of the final order under IC 4-21.5-5.
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