Ind. Code § 16-19-3-27.6

Current through P.L. 171-2024
Section 16-19-3-27.6 - Types of residential onsite sewage systems; use of a type of residential onsite sewage system approved in one local unit in another jurisdiction; approval and attestation by professionals; refusal to issue permit for certain types of systems in second jurisdiction prohibited
(a) As used in this section, "type of residential onsite sewage system" means an onsite sewage system that:
(1) has a particular design;
(2) consists of particular components; and
(3) is installed or constructed in a particular way.
(b) For purposes of this section, the following are different types of residential onsite sewage systems:
(1) A conventional septic system consisting of a septic tank and a gravel or stone soil absorption field.
(2) A chamber system in which wastewater is piped from the septic tank to a series of connected chambers backfilled with soil.
(3) A subsurface drip distribution system in which wastewater is pumped from the septic tank to a dose tank and then gradually delivered to drip laterals in the soil.
(4) An aerobic treatment unit in which oxygen is injected into the wastewater to accelerate the biological processes used to treat the wastewater before being discharged to a soil absorption field.
(5) A recirculating sand filter system in which wastewater flows from a septic tank to a pump chamber and then is recirculated through a sand filter before being discharged to a soil absorption field.
(6) An evapotranspiration system that includes a drain field having a watertight liner and in which wastewater, after entering the drain field, evaporates into the air.
(7) A constructed wetland system in which wastewater from a septic tank enters a wetland cell containing an impermeable liner, gravel, sand fill, and wetland plants that remove pathogens and nutrients from the wastewater before being discharged to a soil absorption field.
(8) A sand-lined system in which wastewater flows from a septic tank to a combined treatment and dispersal soil absorption field containing piping laterals surrounded by sand.
(c) If:
(1) the local health department of a county, city, or multiple county unit has issued a permit for construction or installation of a type of residential onsite sewage system;
(2) the use of the same type of residential onsite sewage system at a location in a different county, city, or multiple county unit has been approved by:
(A) a professional engineer registered under IC 25-31-1;
(B) a registered soil scientist (as defined in IC 25-31.5-1-7);
(C) an individual or entity engaged in the business of constructing and installing residential onsite sewage systems; and
(D) the designer of the system, if the system was designed by someone other than a person referred to in clause (A) or (C); and
(3) all of the persons referred to in subdivision (2) attest that the same type of residential onsite sewage system, if constructed or installed at the location referred to in subdivision (2), would satisfy the requirements of the rule of the state department concerning residential onsite sewage systems;

the local health department of the county, city, or multiple county unit referred to in subdivision (2) may not refuse to issue a permit for the construction or installation of a residential onsite sewage system of the type referred to in subdivisions (1), (2), and (3) at the location referred to in subdivision (2).

IC 16-19-3-27.6

Added by P.L. 167-2022,SEC. 5, eff. 7/1/2022.