§ 16-41-25-11 — Residential onsite sewage system failure; local health department order to correct residential onsite sewage system failure; private inspection to determine system status

(a) As used in this section, "residential
onsite sewage system failure" means a residential onsite sewage system
that exhibits one (1) or more of the following:
(1) The onsite sewage system refuses to accept sewage at the rate
of design application and interferes with the normal use of
residential plumbing fixtures.
(2) Effluent discharge exceeds the absorptive capacity of the soil,
resulting in ponding, seepage, or other discharge of the effluent
to the ground surface or to surface waters.
(3) Effluent is discharged from the onsite sewage system causing
contamination of a potable water supply, ground water, or surface
waters.
(b) A local health department that determines that a residential
onsite sewage system is in residential onsite sewage system failure may
issue an order requiring that the failure be corrected. However, an order
issued under this subsection is stayed if the owner or occupant of the
residence served by the residential onsite sewage system, within
fourteen (14) days after the date of the order, enters into a contract
with:
(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;
under which the installer or inspector, onsite sewage system technician,
or professional engineer agrees to conduct an inspection to determine
whether the residential onsite sewage system is in residential onsite
sewage system failure.
(c) An order is stayed under subsection (b) until the earlier of the
following:
(1) The date on which the installer or inspector, technician, or
engineer performs the inspection and presents the results of the
inspection in writing to:
(A) the owner or occupant of the residence served by the
residential onsite sewage system; and
(B) the local health department.
(2) The expiration of forty-five (45) days after the date of the
order issued under subsection (b).
(d) If the installer or inspector, onsite sewage system technician, or
professional engineer states in the report provided to the local health
department that the residential onsite sewage system is not in
residential onsite sewage system failure, the local health department
shall:
(1) withdraw the order issued under subsection (b); or
(2) conduct an investigation of the residential onsite sewage
system to make a new determination whether the residential
onsite sewage system is in residential onsite sewage system
failure.
(e) If the local health department conducts an investigation under
subsection (d)(2), the order issued under subsection (b) is stayed
pending the new determination of the local health department based on
the investigation.

Legislative History

As added by P.L.232-2023, SEC.13.