§ 16-41-25-10 — Permission to enter property on which a residential onsite sewage system is located for inspection

(a) Neither an officer or employee of a
local health department nor another agency, officer, or employee of a
county, city, or town may enter property on which a residential onsite
sewage system is located for the purpose of inspecting the residential
onsite sewage system if, not more than one hundred eighty (180) days
before the date of the inspection, the owner or occupant of the
residence served by the residential onsite sewage system and:
(1) a septic system installer or inspector registered with the
county in which the residential onsite sewage system is located;
(2) an onsite sewage system technician; or
(3) an Indiana professional engineer registered under IC 25-31-1;
state in a writing transmitted to the local health department, county,
city, or town that the residential onsite sewage system is functioning
properly.
(b) Subject to subsection (d), if subsection (a) does not apply, an
officer or employee of a local health department or another officer or
employee of a county, city, or town may not enter property on which a
residential onsite sewage system is located for the purpose of
inspecting the residential onsite sewage system unless the owner or
occupant of the residence served by the residential onsite sewage
system is given notice of the inspection by first class mail addressed to
the residence at least seven (7) days before the day of the inspection.
(c) Subject to subsection (d), an officer or employee of a local health
department may inspect residential onsite sewage systems and
nonresidential onsite sewage systems (as defined in IC 16-19-3.5-3.5):
(1) after installation if:
(A) the manufacturer of a residential onsite sewage system
recommends inspection of the system multiple times a year;
(B) an owner of the property on which a residential onsite
sewage system is located requests an officer or employee of a
local health department or another agency, officer, or employee
of a county, city, or town to inspect the residential onsite
sewage system located on the owner's property; or
(C) a complaint is filed with the local health department
requiring an inspection or inspections to protect the health of
the community;
(2) to verify compliance with a permit issued under best judgment
pursuant to rules adopted under IC 4-22-2 not more than once per
year; or
(3) to verify compliance with an operating permit issued pursuant
to rules adopted under IC 4-22-2 at least once per year.
(d) An advance notice to the owner or occupant of the residence is
not required under subsection (b) in an urgent situation caused by a
malfunction of the residential onsite sewage system that creates a clear
and immediate danger to the public's health, safety, or property.
(e) This section shall not be interpreted as prohibiting or restricting
the periodic:
(1) inspection;
(2) servicing;
(3) testing; or
(4) maintenance;
of an onsite residential sewage discharging disposal system (as defined
in IC 13-11-2-144.7).

Legislative History

As added by P.L.232-2023, SEC.12. Amended by P.L.160-2024, SEC.3.