5.
(a)As used in this section and section
27.8 of this chapter, "technology new to Indiana" (referred to in this
section as "TNI") means sewage treatment or disposal methods,
processes, or equipment that are not described in the administrative
rules of the state department or the executive board concerning
residential onsite sewage systems (410 IAC 6-8.3) or commercial
onsite sewage systems (410 IAC 6-10.1).
(b)The state department shall establish and maintain a technical
review panel consisting of individuals with technical or scientific
knowledge relating to onsite sewage systems. The technical review
panel:
(1)shall decide under subsection (f) whether to approve:
(A)proprietary residential wastewater treatment devices; and
(B)proprietary commercial wastewater treatment devices;
for
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5. (a) As used in this section and section
27.8 of this chapter, "technology new to Indiana" (referred to in this
section as "TNI") means sewage treatment or disposal methods,
processes, or equipment that are not described in the administrative
rules of the state department or the executive board concerning
residential onsite sewage systems (410 IAC 6-8.3) or commercial
onsite sewage systems (410 IAC 6-10.1).
(b) The state department shall establish and maintain a technical
review panel consisting of individuals with technical or scientific
knowledge relating to onsite sewage systems. The technical review
panel:
(1) shall decide under subsection (f) whether to approve:
(A) proprietary residential wastewater treatment devices; and
(B) proprietary commercial wastewater treatment devices;
for general use in Indiana;
(2) shall biannually review the performance of residential onsite
sewage systems and commercial onsite sewage systems;
(3) shall assist the state department in developing standards and
guidelines for proprietary residential wastewater treatment
devices and proprietary commercial wastewater treatment
devices;
(4) shall assist the executive board and the state department in
updating rules adopted under section 4 of this chapter concerning
residential onsite sewage systems and commercial onsite sewage
systems; and
(5) may exercise the powers granted by section 27.7 of this
chapter.
(c) The technical review panel shall include the following:
(1) A member of the staff of the state department, who shall serve
as the chair.
(2) A local health department environmental health specialist
appointed by the governor.
(3) An Indiana professional engineer registered under IC 25-31-1
representing the American Council of Engineering Companies.
(4) A representative of the Indiana Builders Association.
(5) An Indiana registered professional soil scientist (as defined in
IC 25-31.5-1-6) representing the Indiana Registry of Soil
Scientists.
(6) A representative of an Indiana college or university with a
specialty in engineering, soil science, environmental health, or
biology appointed by the governor.
(7) A representative of the Indiana Onsite Wastewater
Professionals Association.
(8) An Indiana onsite sewage system contractor appointed by the
governor.
(9) A representative of the Indiana State Building and
Construction Trades Council.
All members of the technical review panel are voting members, except
the member described in subdivision (1).
(d) In the case of a tie vote of the technical review panel, the
following shall occur:
(1) If the tie vote is in regard to a county, city, or town ordinance
concerning residential onsite sewage systems:
(A) the technical review panel shall send the ordinance back to
the county, city, or town not more than seven (7) days after the
day of the tie vote;
(B) the county, city, or town may revise and resubmit the
ordinance; and
(C) if the ordinance is revised and resubmitted, the technical
review panel shall consider the revised ordinance at its next
meeting.
(2) If the tie vote is in regard to a matter not described in
subdivision (1), the technical review panel shall, not more than
seven (7) days after the day of the tie vote:
(A) contact the applicant by phone call and by mail; and
(B) request more information or provide an explanation of how
the applicant can modify the application to make it more
complete.
The technical review panel shall review any new information
provided by the applicant and vote again on the application not
more than thirty (30) days after receiving the information.
(e) The technical review panel shall do the following:
(1) Receive applications for the approval of TNI for general use
in:
(A) residential onsite sewage systems under sections 4 and 27
of this chapter and IC 16-41-25; and
(B) commercial onsite sewage systems under sections 4 and 27
of this chapter and IC 16-19-3.5.
(2) Meet monthly as needed to assist the executive board and the
state department as described in subsection (b)(4) and to review
applications described in subdivision (1).
(3) Notify each person who submits an application described in
subdivision (1):
(A) that the person's application has been received by the
technical review panel; and
(B) of whether the application is complete;
not later than thirty (30) days after the technical review panel
receives the application.
(4) Inform each person who submits an application described in
subdivision (1) of:
(A) a tentative decision of the technical review panel; or
(B) the technical review panel's final decision under subsection
(f);
concerning the application not more than ninety (90) days after
the technical review panel notifies the person under subdivision
(3) that the panel has received the person's application.
(f) In response to each application described in subsection (e)(1),
the technical review panel shall make, and inform the applicant of, one
(1) of the following final decisions:
(1) That the TNI to which the application relates is approved for
general use in Indiana.
(2) That the TNI to which the application relates is approved for
use in Indiana with certain conditions, which may include:
(A) a requirement that the TNI be used initially only in a pilot
project;
(B) restrictions on the number or type of installations of the
TNI;
(C) sampling and analysis requirements for TNI involving or
comprising a secondary treatment system;
(D) requirements relating to training concerning the TNI;
(E) requirements concerning the operation and maintenance of
the TNI; or
(F) other requirements.
(3) That the TNI to which the application relates is approved on
a project-by-project basis.
(4) That the TNI is not approved for use in Indiana, which must
be accompanied by a statement of the reason for the decision.
(g) If the technical review panel makes a decision under subsection
(f)(4) that the TNI is not approved for use in Indiana, the applicant
may:
(1) submit a new application to the technical review panel under
this section; or
(2) file a petition for review of the technical review panel's
decision under IC 4-21.5-3.
(h) If the technical review panel fails to notify a person who submits
an application of the technical review panel's tentative decision or final
recommendation within ninety (90) days after receiving the application
as required by subsection (e)(4), the person who submitted the
application may use the TNI to which the application relates in a single
residential onsite sewage system or commercial onsite sewage system,
as if the TNI had been approved only for use in a pilot project.
(i) The technical review panel shall decide that the TNI to which an
application relates is approved for general use in Indiana if:
(1) the TNI has been certified as meeting the NSF/ANSI 40
Standard;
(2) a proposed Indiana design and installation manual for the TNI
is submitted with the permit application; and
(3) the technical review panel certifies that the proposed Indiana
design and installation manual meets the vertical and horizontal
separation, sizing, and soil loading criteria of the state
department.
(j) Subsection (k) applies if:
(1) a particular TNI meets the requirements of NSF/ANSI 40,
NSF/ANSI 245, or NSF/ANSI 350;
(2) the proposed Indiana design and installation manual for the
TNI meets the vertical and horizontal separation, sizing, and soil
loading criteria of the state department; and
(3) an Indiana professional engineer registered under IC 25-31-1
prepares site specific plans for the use of the TNI for a residential
or commercial application.
(k) In a case described in subsection (j):
(1) if the TNI is to be used in a residential application, the site
specific plans prepared under subsection (j)(3), after being
submitted to the local health department of the county, city, or
multiple county unit in which the TNI would be installed, may be
approved by the local health department within the period set
forth in IC 16-41-25-1(a); and
(2) if the TNI is to be used in a commercial application, the site
specific plans prepared under subsection (j)(3) shall be approved
by the state department upon submission of the site specific plans.
(l) A local health department may not refuse an application for a
permit for the construction or installation of a residential onsite sewage
system (as defined in IC 16-41-25-0.4) solely because the residential
onsite sewage system has not been used previously in the jurisdiction
of the local health department or is unfamiliar to the local health
department, if either of the following apply:
(1) The residential onsite sewage system has been approved by
the technical review panel under this section for general use in
Indiana.
(2) The residential onsite sewage system:
(A) is based on one (1) or more sewage treatment or disposal
methods or processes; or
(B) incorporates equipment;
approved by the technical review panel under this section for
general use in Indiana.