1.
(a)As used in this section, "constructed
wetland septic system" means a residential sewage disposal system that
includes:
(1)a septic tank or other type of primary wastewater treatment
system; and
(2)a constructed wetland cell in which:
(A)effluent flows on top of soil or through a porous medium
such as pea gravel;
(B)wetland plants are growing, and their roots and stems form
a dense mat;
(C)suspended solids and trace metals in the effluent settle and
are filtered; and
(D)organisms living in the water, on the soil or gravel, and on
the stems and roots of the wetland plants feed on the organic
materials and nutrients in the effluent.
(b)For purposes of this section, a sewage disposal system is
"failing" if one (1) or more of the following apply:
(1)The system refuses to accept s
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1. (a) As used in this section, "constructed
wetland septic system" means a residential sewage disposal system that
includes:
(1) a septic tank or other type of primary wastewater treatment
system; and
(2) a constructed wetland cell in which:
(A) effluent flows on top of soil or through a porous medium
such as pea gravel;
(B) wetland plants are growing, and their roots and stems form
a dense mat;
(C) suspended solids and trace metals in the effluent settle and
are filtered; and
(D) organisms living in the water, on the soil or gravel, and on
the stems and roots of the wetland plants feed on the organic
materials and nutrients in the effluent.
(b) For purposes of this section, a sewage disposal system is
"failing" if one (1) or more of the following apply:
(1) The system refuses to accept sewage at the rate of design
application and interferes with the normal use of plumbing
fixtures.
(2) Effluent discharge exceeds the absorptive capacity of the soil
into which the system discharges, resulting in ponding, seepage,
or other discharge of the effluent to the ground surface or to
surface waters.
(3) Effluent discharged from the system contaminates a potable
water supply, ground water, or surface waters.
(c) As used in this section, "qualified inspector" means any of the
following:
(1) An employee of a local health department who is designated
by the local health department as having knowledge of onsite
sewage systems sufficient to determine whether an onsite sewage
system is failing.
(2) An individual who is certified by the Indiana Onsite
Wastewater Professionals Association as an onsite sewage system
installer or inspector.
(3) An individual listed by:
(A) the Indiana department of health; or
(B) the local health department with jurisdiction over the
service area of the property inspected;
as having sufficient knowledge of onsite sewage systems to
determine whether an onsite sewage system is failing.
(d) Subject to subsections (e) through (k), a property owner is
exempt from the requirement to connect to a municipality's sewer
system and to discontinue use of the property owner's sewage disposal
system if all of the following conditions are met:
(1) The property of the property owner is located outside the
boundaries of the municipality.
(2) The property owner's sewage disposal system on the property
is a septic tank soil absorption system or constructed wetland
septic system that:
(A) was new at the time of installation; and
(B) was approved in writing by the local health department.
(3) Within sixty (60) days after the property owner is notified
under section 30 of this chapter that the municipality is requiring
connection to its sewer system and discontinuance of use of the
property owner's sewage disposal system, the property owner
notifies the municipality in writing that the property owner is
claiming the exemption provided by this section.
(4) The property owner, at the property owner's expense, obtains
a written determination from:
(A) the local health department;
(B) the local health department's designee;
(C) if subsection (f) applies, a qualified inspector; or
(D) if subsection (g) applies, the board of the local health
department;
that the septic tank soil absorption system or constructed wetland
septic system is not failing.
(5) The property owner provides to the municipality a copy of the
written determination described in subdivision (4) within one
hundred twenty (120) days after the property owner is notified
under section 30 of this chapter that the municipality is requiring
connection to its sewer system and discontinuance of use of the
property owner's sewage disposal system.
(e) If a property owner, within the time allowed under subsection
(d)(3), notifies the municipality in writing that the property owner is
claiming the exemption provided by this section, the municipality shall
suspend the requirement that the property owner discontinue use of the
property owner's sewage disposal system and connect to the
municipality's sewer system until the property owner's eligibility for the
exemption under this section is determined.
(f) The local health department or the designee of the local health
department shall provide the property owner with a written
determination under subsection (d)(4) within sixty (60) days after
receiving the property owner's request for the determination. If the
local health department or its designee fails to provide a written
determination in response to a property owner's request under
subsection (d)(4) within sixty (60) days after receiving the request, the
property owner, at the property owner's expense, may obtain a written
determination from a qualified inspector.
(g) If the local health department or the department's designee, in
response to a property owner's request under subsection (d)(4),
determines that a septic tank soil absorption system or constructed
wetland septic system is failing, the property owner may appeal the
determination to the board of the local health department. The decision
of the board as to whether the septic tank soil absorption system or
constructed wetland septic system is failing is final and binding for
purposes of this section.
(h) If a property qualifies under subsections (d) through (g) for the
exemption provided by this section:
(1) the property owner is exempt from the requirement to connect
to the municipality's sewer system for a period of ten (10) years
beginning on the date on which the property owner's septic tank
soil absorption system or constructed wetland septic system
described in subsection (d)(2) was installed; and
(2) the property owner may renew the initial ten (10) year
exemption described in subdivision (1) by seeking to obtain not
more than two (2) additional five (5) year exemptions after the
initial exemption expires by meeting the conditions set forth in
subsection (i) for each five (5) year exemption. Each additional
exemption under this subdivision begins on the date the previous
exemption would otherwise expire.
The total period during which a property owner may be exempt from
the requirement to connect to a municipality's sewer system under this
subsection may not exceed twenty (20) years.
(i) A property owner qualifies for an exemption renewal as
described in subsection (h)(2) if all of the following conditions are met:
(1) The property continues to meet the conditions set forth in
subsection (d)(1) through (d)(2).
(2) Not less than one hundred twenty (120) days before the
expiration of:
(A) the property owner's initial exemption described in
subsection (h)(1); or
(B) the property owner's previous renewal of an exemption
described in subsection (h)(2);
the property owner notifies the municipality in writing that the
property owner is seeking the renewal of an exemption under this
section.
(3) The property owner, at the property owner's expense, obtains
another written determination from:
(A) the local health department;
(B) the local health department's designee;
(C) a qualified inspector; or
(D) the board of the local health department;
as applicable, that the septic tank soil absorption system or
constructed wetland septic system is not failing.
(4) The property owner provides to the municipality a copy of the
written determination described in subdivision (3) not less than
thirty (30) days before the expiration of the property owner's:
(A) initial exemption described in subsection (h)(1); or
(B) previous exemption renewal period described in subsection
(h)(2).
The local health department or the designee of the local health
department shall provide the property owner with a written
determination under subdivision (3)(A) or (3)(B) within sixty (60) days
after receiving the property owner's request for the determination. If the
local health department or its designee fails to provide a written
determination under subdivision (3)(A) or (3)(B) within sixty (60) days
after receiving a property owner's request, the property owner, at the
property owner's expense, may obtain a written determination from a
qualified inspector under subdivision (3)(C). If the local health
department or the department's designee determines that a septic tank
soil absorption system or constructed wetland septic system is failing,
the property owner may appeal the determination to the board of the
local health department under subdivision (3)(D), but the decision of
the board as to whether the septic tank soil absorption system or
constructed wetland septic system is failing is final and binding for
purposes of this section.
(j) If a property qualifies for the exemption provided by this section
and ownership of the property is transferred during a valid exemption
period, including an exemption renewal period described in subsection
(h)(2):
(1) the exemption continues to apply to the property for the
remainder of the exemption period during which the transfer
occurs; and
(2) the transferee may apply for any exemption renewals under
subsection (h)(2) that the previous property owner would have
been entitled to apply for under this section.
(k) If a property owner whose property qualifies for an exemption
under this section, including a transferee described in subsection (j),
discontinues use of the property owner's septic tank soil absorption
system or constructed wetland septic system and consents to the
connection of the property to the municipality's sewer system, the
property owner may not be required to pay more than the following to
connect to the municipality's sewer system:
(1) The connection fee the property owner would have paid if the
property owner had connected to the municipality's sewer system
on the first date on which the property owner could have
connected to the sewer system.
(2) Any additional costs:
(A) considered necessary by; and
(B) supported by documentary evidence provided by;
the municipality.