Bill Text: IN SB0236 | 2011 | Regular Session | Introduced
Bill Title: Septic tanks and sewer systems.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-06 - First reading: referred to Committee on Energy and Environmental Affairs [SB0236 Detail]
Download: Indiana-2011-SB0236-Introduced.html
Citations Affected: IC 13-14-3; IC 13-26-5; IC 16-20-1-25;
IC 36-7-8-3.
Synopsis: Septic tanks and sewer systems. Provides that the Indiana
department of environmental management (IDEM) may not require a
county to join or form a regional sewage district to provide sewer
service to an unincorporated area of the county unless IDEM
determines that the population density of the unincorporated area
exceeds the minimum population density at which property owners in
an unincorporated area of the county may be required to discontinue
use of private sewage disposal systems. Requires the legislative body
of a county that contains unincorporated areas to adopt an ordinance
establishing the minimum population density at which property owners
in an unincorporated area of the county may be required to discontinue
use of private sewage disposal systems. Provides that a regional sewage
district may not require a property owner to connect to a sewer system
if the property is: (1) located in an unincorporated area; and (2) served
by a private sewage disposal system that is functioning satisfactorily.
Requires a health officer to obtain probable cause before ordering the
abatement of unlawful conditions that transmit, generate, or promote
disease. Specifies certain appurtenances to which a county ordinance
imposing building standards on buildings, structures, and
appurtenances does not apply.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Energy and Environmental
Affairs.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(1) water supply;
(2) air, water, or wastewater treatment; or
(3) solid waste disposal facilities;
the department may hold a public hearing.
(b) If the facts support the conclusion, the department may order the affected local governmental units to proceed to form regional water, sewage, air, or solid waste districts that are necessary under IC 13-26. However, the department may not require a county to:
(1) establish or join a regional sewage district to serve; or
(2) through a regional sewage district of which the county is a member, extend sewer service to;
an unincorporated area of the county unless the department determines that the population density of the unincorporated area
of the county exceeds the minimum population density established
in an ordinance adopted by the county legislative body under
section 4 of this chapter.
(b) An ordinance adopted under subsection (a) may not violate any rules adopted by the department under IC 13-22-2-4 or IC 13-18.
(c) This section may not be construed to relieve a sewage disposal company of the requirement to obtain a certificate of territorial authority under IC 8-1-2-89.
(b) This section applies to an owner of property located in an incorporated area.
(1) The property owner's septic tank soil absorption system was installed not more than five (5) years before the district's sewer system's anticipated connection date.
(2) The property owner's septic tank soil absorption system was new at the time of installation and was approved in writing by the local health department.
(3) The property owner, at the property owner's own expense, obtains and provides to the district a certification from the local health department or the department's designee that the septic tank soil absorption system is functioning satisfactorily. If the local health department or the department's designee denies the issuance of a certificate to the property owner, the property owner may appeal the denial to the board of the local health department.
The decision of the board is final and binding.
(4) The property owner provides the district with:
(A) the written notification of potential qualification for the
exemption described in subsection (g); (h); and
(B) the certification described in subdivision (3);
within the time limits set forth in subsection (g). (h).
(c) (d) If a property owner, within the time allowed under subsection
(g), (h), notifies a district in writing that the property owner qualifies
for the exemption under this section, the district shall, until the
property owner's eligibility for an exemption under this section is
determined, suspend the requirement that the property owner
discontinue use of a septic tank soil absorption system and connect to
the district's sewer system.
(d) (e) A property owner who qualifies for the exemption provided
under this section may not be required to connect to the district's sewer
system for a period of three (3) years beginning on the district's sewer
system's anticipated connection date. If ownership of the property
passes from the owner who qualified for the exemption to another
person during the exemption period, the exemption does not apply to
the subsequent owner of the property.
(e) (f) The district may require a property owner who qualifies for
the exemption under this section to discontinue use of a septic tank soil
absorption system and connect to the district's sewer system if the
district credits the unamortized portion of the original cost of the
property owner's septic tank soil absorption system against the debt
service portion of the customer's monthly bill. The amount that the
district must credit under this subsection is determined in STEP TWO
of the following formula:
STEP ONE: Multiply the original cost of the property owner's
septic tank soil absorption system by a fraction, the numerator of
which is ninety-six (96) months minus the age in months of the
property owner's septic system, and the denominator of which is
ninety-six (96) months.
STEP TWO: Determine the lesser of four thousand eight hundred
dollars ($4,800) or the result of STEP ONE.
The district shall apportion the total credit amount as determined in
STEP TWO against the debt service portion of the property owner's
monthly bill over a period to be determined by the district, but not to
exceed twenty (20) years, or two hundred forty (240) months.
(f) (g) A district that has filed plans with the department to create or
expand a sewage district shall, within ten (10) days after filing the
plans, provide written notice to affected property owners:
(1) that the property owner may be required to discontinue the use of a septic tank soil absorption system;
(2) that the property owner may qualify for an exemption from the requirement to discontinue the use of the septic tank soil absorption system; and
(3) of the procedures to claim an exemption.
(1) within sixty (60) days after the date of the written notice given to the property owner under subsection
(2) within sixty (60) days after the
(b) For purposes of this section, "local health department" includes a designee of a local health department.
(c) As used in this section, "sewage disposal system" has the meaning set forth in IC 13-11-2-201.
(d) This section applies to an owner of property located in an unincorporated area of a county.
(e) A district that has filed plans with the department to create or expand a sewage district shall, not later than ten (10) days after filing the plans, provide written notice to affected property owners:
(1) that the property owner may be required to discontinue the use of a private sewage disposal system;
(2) that the property owner may qualify for an exemption from the requirement to discontinue the use of the private sewage disposal system; and
(3) that explains the procedures to claim an exemption under this section.
(f) A property owner is exempt from the requirement to connect to a district's sewer system and to discontinue use of a private sewage disposal system if the property owner provides the district with the following documentation:
(1) The written notification of potential qualification for the exemption described in subsection (g).
(2) A certification from:
(A) the local health department; or
(B) a licensed installer;
that the property owner's private sewage disposal system is functioning satisfactorily as described in subsection (i).
(g) Not more than fourteen (14) days after receiving notice from a district under subsection (e), a property owner that seeks to qualify for an exemption under this section must do the following:
(1) Notify the district in writing that the property owner qualifies for the exemption.
(2) Obtain, at the property owner's own expense, a certification described in subsection (f)(2).
(h) Upon receiving written notice from a property owner under subsection (g)(1), and until the property owner's eligibility for an exemption under this section is finally determined, a district shall suspend the requirement that the property owner discontinue use of a private sewage disposal system and connect to the district's sewer system.
(i) If a property owner requests certification from a local health department under subsection (f)(2)(A), the local health department shall, not more than ninety (90) days after receiving the request, inspect the property owner's private sewage disposal system and issue a certificate or deny the request for certification that the private sewage disposal system is functioning satisfactorily.
(j) If the local health department denies the issuance of a certificate to the property owner under subsection (i), the local health department shall notify the property owner in writing of each reason the certificate was denied. Not more than fourteen (14) days after a property owner is denied a certification under subsection (i), the property owner may apply to the local health department for a reinspection of the property owner's private sewage disposal system. The local health department that receives an application for reinspection shall reinspect the system:
(1) on a date not more than ninety (90) days after the date on which the property owner applied for reinspection; or
(2) on a date more than ninety (90) days after the date of the application for reinspection, if the date is agreed to by the property owner and the local health department;
and shall issue or deny the certification. If the private sewage disposal system is not functioning satisfactorily and the local health department again denies the certification, the property owner may appeal the denial to the board of the local health department. The
decision of the board in an appeal under this subsection is final.
(j) If a property owner requests and obtains certification from
a licensed installer under subsection (f)(2)(B), the property owner
shall submit the certificate to the district not more than forty-five
(45) days after receiving notice from the district under subsection
(e).
(j) A certificate issued under subsection (i) or by a licensed
installer is valid for a period determined by the district that filed
plans and provided notice to the property owner under subsection
(e), but must be valid for at least two (2) years.
(k) Not more than thirty (30) days after receiving an initial
certificate issued under subsection (i) or by a licensed installer, a
property owner must provide the certificate to the district to
qualify for the exemption under this section. To maintain eligibility
for an exemption under this section, a property owner must
provide to the district an unexpired certificate issued under
subsection (i) or by a licensed installer according to a schedule
determined by the district but not more frequently than every two
(2) years.
(b) A health officer, upon
(1) be in writing if demanded;
(2) specify the conditions that may transmit disease; and
(3) name the shortest reasonable time for abatement.
(c) If a person refuses or neglects to obey an order issued under this section, the attorney representing the county of the health jurisdiction where the offense occurs shall, upon receiving the information from the health officer, institute proceedings in the courts for enforcement. An order may be enforced by injunction. If the action concerning public health is a criminal offense, a law enforcement authority with jurisdiction over the place where the offense occurred shall be notified.
effect only on the legislative body's receipt of written approval from the
fire prevention and building safety commission.
(b) An ordinance adopted under this section must be based on
occupancy, and it applies to:
(1) the construction, alteration, equipment, use, occupancy,
location, and maintenance of buildings, structures, and
appurtenances that are on land or over water and are:
(A) erected after the ordinance takes effect; and
(B) if expressly provided by the ordinance, existing when the
ordinance takes effect;
(2) conversions of buildings and structures, or parts of them, from
one (1) occupancy classification to another; and
(3) the movement or demolition of buildings, structures, and
equipment for the operation of buildings and structures.
(c) The rules of the fire prevention and building safety commission
are the minimum standards upon which ordinances adopted under this
section must be based.
(d) An ordinance adopted under this section does not apply to the
construction or alteration of private homes that are built by
individuals and used for their own occupancy, including the
construction or alteration of appurtenances to the private home.
For purposes of this subsection, appurtenances include the
following systems:
(1) Air conditioning.
(2) Ventilation.
(3) Heating.
(4) Energy.
(5) Plumbing.
(6) Sanitation.
