Bill Text: IN HB1080 | 2010 | Regular Session | Introduced
Bill Title: Septic tanks and sewer systems.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Environmental Affairs [HB1080 Detail]
Download: Indiana-2010-HB1080-Introduced.html
Citations Affected: IC 13-14-3; IC 13-26-5.
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
septic system use. 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 septic
system use. 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 septic system
that is, as determined by the local health department, functioning
satisfactorily.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on 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
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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) Nothing in this section may 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) As used in this section, "septic tank soil absorption system" has the meaning set forth in IC 13-11-2-199.5.
(c) This section applies to an owner of property located in an unincorporated area of a county.
(d) 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 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 under this section.
(e) A property owner is exempt from the requirement to connect to a district's sewer system and to discontinue use of a septic tank soil absorption system if the following conditions are met:
(1) The property owner's septic tank soil absorption system was new at the time of installation.
(2) The property owner provides the district with the following documentation:
(A) The written notification of potential qualification for the exemption described in subsection (f).
(B) A certification from the local health department that
the property owner's septic tank soil absorption system is
functioning satisfactorily as described in subsection (h).
(f) Not more than fourteen (14) days after receiving notice from
a district under subsection (d), 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) Apply, at the property owner's own expense, to a local
health department for a certification that the property
owner's septic tank soil absorption system is functioning
satisfactorily.
(g) Upon receiving written notice from a property owner under
subsection (f)(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 septic tank soil absorption system and connect to the district's
sewer system.
(h) Not more than ninety (90) days after receiving an application
from a property owner under subsection (f)(2), a local health
department shall inspect the property owner's septic tank soil
absorption system and issue or deny a certification that the septic
tank soil absorption system is functioning satisfactorily. A
certificate issued under this subsection is valid for a period
determined by the district that filed plans and provided notice to
the property owner under subsection (b), but must be valid for at
least two (2) years.
(i) If the local health department denies the issuance of a
certificate to the property owner under subsection (h), 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 (h), the property owner may apply to the local health
department for a reinspection of the property owner's septic tank
soil absorption 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 septic tank soil
absorption 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) Not more than thirty (30) days after receiving an initial
certification issued under subsection (h) or (i), a property owner
must provide the certification 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 (h) or (i)
according to a schedule determined by the district but not more
frequently than every two (2) years.
