§ 13-18-12-9 — Prohibition against discharge of sewage into waters; exception for county onsite waste management districts; guidelines or rules

(a) This section applies only in a county
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;
(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 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.

Legislative History

As added by P.L.172-2002, SEC.4. Amended by P.L.104-2022, SEC.83; P.L.192-2023, SEC.3.