5.
(a)As used in this section, "septic tank soil
absorption system" has the meaning set forth in IC 13-11-2-199.5.
(b)Subject to subsection (d), a property owner is exempt from the
requirement to connect to a district's sewer system and to discontinue
use of a septic tank soil absorption system if the following conditions
are met:
(1)The property owner's septic tank soil absorption system was
new at the time of installation and was approved in writing by the
local health department, the department's designee, or a qualified
inspector.
(2)The property owner, at the property owner's own expense,
obtains a written determination from the local health department
or the department's designee that the septic tank soil absorption
system is not failing. The local health department or the
depart
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5. (a) As used in this section, "septic tank soil
absorption system" has the meaning set forth in IC 13-11-2-199.5.
(b) Subject to subsection (d), a property owner is exempt from the
requirement to connect to a district's sewer system and to discontinue
use of a septic tank soil absorption system if the following conditions
are met:
(1) The property owner's septic tank soil absorption system was
new at the time of installation and was approved in writing by the
local health department, the department's designee, or a qualified
inspector.
(2) The property owner, at the property owner's own expense,
obtains a written determination from the local health department
or the department's designee that the septic tank soil absorption
system is not failing. The local health department or the
department's designee shall provide the owner with a written
determination not later than sixty (60) days after receipt of the
owner's request. If the local health department or the department's
designee fails to provide a written determination within the time
established in this subdivision, the owner, at the owner's expense,
may obtain a written determination from a qualified inspector. If
the local health department or the department's designee
determines that a septic tank soil absorption system is failing, the
property owner may appeal the determination to the board of the
local health department. The decision of the board is final and
binding.
(3) The property owner provides the district with:
(A) the written notification of potential qualification for the
exemption described in subsection (f); and
(B) the written determination described in subdivision (2);
within the time limits set forth in subsection (f).
(c) If a property owner, within the time allowed under subsection
(f), notifies a district in writing that the property owner qualifies for the
exemption under this section, the district shall, until the property
owner's eligibility for an exemption under this section is determined,
suspend the requirement that the property owner discontinue use of a
septic tank soil absorption system and connect to the district's sewer
system.
(d) A property owner who qualifies for the exemption provided
under this section may not be required to connect to the district's sewer
system for a period of ten (10) years beginning on the date of the
written determination of the local health department, the department's
designee, or a qualified inspector under subsection (b)(2) that the
property owner's septic tank soil absorption system is not failing. A
property owner may apply for two (2) five (5) year extensions of the
exemption provided under this section by following the procedures set
forth in subsections (b) and (c). If ownership of an exempt property is
transferred during a valid exemption period, including during an
extension of an initial exemption:
(1) the exemption applies to the subsequent owner of the property
for the remainder of the exemption period during which the
transfer occurred; and
(2) the subsequent owner may apply for any remaining
extensions.
However, the total period during which a property may be exempt from
the requirement to connect to a district's sewer system under this
section may not exceed twenty (20) years, regardless of ownership of
the property.
(e) A district that has filed plans with the department to create or
expand a sewage district shall, within ten (10) days after filing the
plans, provide written notice to affected property owners:
(1) that the property owner may be required to discontinue the use
of a septic tank soil absorption system;
(2) that the property owner may qualify for an exemption from the
requirement to discontinue the use of the septic tank soil
absorption system; and
(3) of the procedures to claim an exemption.
(f) To qualify for an exemption under this section, a property owner
must:
(1) within sixty (60) days after the date of the written notice given
to the property owner under subsection (e), notify the district in
writing that the property owner qualifies for the exemption under
this section; and
(2) within one hundred twenty (120) days after the district
receives the written notice provided under subdivision (1),
provide the district with the written determination required under
subsection (b)(2).
(g) When a property owner who qualifies for an exemption under
this section subsequently discontinues use of the property owner's
septic tank soil absorption system and connects to the district's sewer
system, the property owner may be required to pay only the following
to connect to the sewer system:
(1) The connection fee the property owner would have paid if the
property owner connected to the sewer system on the first date the
property owner could have connected to the sewer system.
(2) Any additional costs:
(A) considered necessary by; and
(B) supported by documentary evidence provided by;
the district.
(h) A property owner who connects to a district's sewer system may
provide, at the owner's expense, labor, equipment, materials, or any
combination of labor, equipment, and materials from any source to
accomplish the connection to the sewer system, subject to inspection
and approval by the board or a designee of the board.
(i) This section does not affect the authority of the Indiana
department of health, a local health department, or a county health
officer with respect to a septic tank soil absorption system.
(j) For purposes of this section, a septic tank soil absorption system
is "failing" if one (1) or more of the following apply:
(1) The system refuses to accept sewage at the rate of design
application and interferes with the normal use of plumbing
fixtures.
(2) Effluent discharge exceeds the absorptive capacity of the soil
into which the system discharges, resulting in ponding, seepage,
or other discharge of the effluent to the ground surface or to
surface waters.
(3) Effluent discharged from the system contaminates a potable
water supply, ground water, or surface waters.
(k) As used in this section, "qualified inspector" means any of the
following:
(1) An employee of a local health department who is designated
by the local health department as having sufficient knowledge of
onsite sewage systems to determine if an onsite sewage system is
failing.
(2) An individual who is certified by the Indiana Onsite
Wastewater Professionals Association as an onsite sewage system
installer or inspector.
(3) An individual listed by the Indiana department of health or a
local health department with jurisdiction over the service area of
the property inspected as having sufficient knowledge of onsite
sewage systems to determine if an onsite sewage system is failing.