§ 16-41-25-5 — Authority of local health department to administer state department's rule; certification of professional engineer concerning planned or existing residential onsite sewage system

(a) The authority of a local health department
to administer the rule of the state department concerning residential
onsite sewage systems is subject to this section.
(b) If a professional engineer registered under IC 25-31-1 certifies
that the:
(1) location;
(2) design;
(3) proposed construction; and
(4) proposed installation;
of a planned residential onsite sewage system comply with the
administrative rule of the state department concerning residential onsite
sewage systems, a local health department may not disapprove an
application for a permit for the residential onsite sewage system on the
grounds that the location, design, construction, or installation of the
residential onsite sewage system is faulty.
(c) If a professional engineer registered under IC 25-31-1 certifies
that the:
(1) design;
(2) construction;
(3) installation;
(4) location;
(5) maintenance; and
(6) operation;
of an existing residential onsite sewage system comply with the
administrative rule of the state department concerning residential onsite
sewage systems, a local health department may not issue an order
based on a finding that the residential onsite sewage system is a failed
system.
(d) If a professional engineer registered under IC 25-31-1 certifies
that an existing residential onsite sewage system is not functioning
properly but can be restored to proper functioning through repair, a
local health department must allow the repair of the residential onsite
sewage system to be made in accordance with the certification of the
professional engineer.

Legislative History

As added by P.L.167-2022, SEC.10.