§ 16-41-25-9 — Septage may be held in holding tank; local health department permit required; reports to department

(a) As used in this section, "septage" means
human excreta, wastewater, scum, sludge, and other content introduced
through incidental or accidental seepage that is removed from domestic
septic tanks, holding tanks, privies, seepage pits, cesspools, compost
toilets, or portable sanitary units.
(b) As used in this section, "septage management vehicle" means a
vehicle that is:
(1) used for:
(A) the removal of septage from holding tanks or sewage
disposal systems; and
(B) the transportation of the septage to wastewater treatment
plants or other facilities for treatment, temporary storage, or
disposal; and
(2) subject to regulation under IC 13-18-12 and 327 IAC 7.1.
(c) Septage that originates from a residential or commercial source
may be held in one (1) or more holding tanks until it is removed and
transported from the site of the holding tanks by a septage management
vehicle. A holding tank to which this subsection applies may not have
a capacity of more than ten thousand (10,000) gallons.
(d) A holding tank used under this section must be:
(1) designed and equipped so that septage can be cleanly and
efficiently pumped from the tank into a septage management
vehicle to be transported from the site of the tank; and
(2) equipped with a device that will produce an audio and visual
alarm when the septage in the tank reaches two-thirds (2/3) of the
tank's capacity.
(e) A holding tank described in this section may not be used to hold
septage unless the tank owner has obtained a permit from the local
health department of the county, city, or multiple county unit in which
the holding tank is located. To obtain a permit, the owner of a holding
tank must:
(1) enter into a written contract with an operator of septage
management vehicles providing for the removal of septage from
the holding tank at regular intervals;
(2) provide a copy of the contract to the local health department;
and
(3) commit to providing to the local health department copies of
receipts or other records proving that the holding tank owner is
regularly paying the septage management vehicle operator a fee
for the removal of septage from the holding tank.
(f) A permit issued to the owner of a holding tank may be suspended
or revoked, or renewal of the permit may be denied, for:
(1) a violation of:
(A) this section;
(B) a condition stated in the permit; or
(C) a requirement established under subsection (g); or
(2) a problem involving the holding tank or the operation of the
holding tank that creates a risk of harm to human health or the
environment.
(g) The local health department of a county, city, or multiple county
unit may establish requirements:
(1) concerning the issuance, term, and renewal of permits
required under subsection (e);
(2) concerning the design, construction, location, and operation
of holding tanks described in this section; and
(3) determining:
(A) the ways in which a holding tank owner may provide the
proof; and
(B) how often the tank owner must provide the proof;
required under subsection (e)(3).
(h) In accordance with any rules or guidelines adopted under IC 13-18-12-3(b), a local health department that issues permits for the use
of holding tanks under this section shall report to the department of
environmental management concerning the holding tanks.

Legislative History

As added by P.L.192-2023, SEC.5.