Bill Text: IN SB0358 | 2013 | Regular Session | Introduced
Bill Title: Regulation of sewage backflow.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-01-24 - Senator Waltz added as second author [SB0358 Detail]
Download: Indiana-2013-SB0358-Introduced.html
Citations Affected: IC 13-11-2; IC 13-18-3.
Synopsis: Regulation of sewage backflow. Requires the environmental
rules board (board) to adopt rules establishing procedures for the
keeping of testing and maintenance records concerning backflow
prevention devices in customer water systems. Requires continuing
professional education for Indiana registered cross-connection control
device inspectors. Establishes the cross-connection control device
inspector continuing education fund. Provides that the board may
establish registration fees for registered cross-connection control
device inspectors in an amount that is reasonably necessary to generate
revenue sufficient to offset costs incurred in administering the
continuing education program. Requires the board to prescribe a
standardized electronic backflow test report form. Requires a backflow
inspector to submit a report to the water utility in the electronic form
prescribed by the board.
Effective: July 1, 2013.
January 8, 2013, 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
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) secondary source of supply;
(2) sewer;
(3) drain;
(4) conduit;
(5) pool;
(6) piping;
(7) storage reservoir;
(8) plumbing fixture; or
(9) other device;
that contains, or may contain, and is capable of imparting to the water supply, contaminants, contaminated water, sewage, or other waste or liquid of unknown or unsafe quality.
(1) are owned by a person who receives water from a public supply; and
(2) are not required to have installed a testable backflow device by other regulations.
(b) For the purposes of this chapter, "customer water system" means all piping, fixtures, appurtenances, and secondary sources of supply used to convey water on the premises of a person who receives water from a public supply.
(c) The board shall adopt rules under IC 4-22-2 to establish procedures for:
(1) the testing of; and
(2) the keeping of testing and maintenance records concerning;
backflow prevention devices in a customer water system.
inspectors under 327 IAC 8-10-11 (as in effect January 1, 2013).
(b) A person who is registered as a cross-connection control
device inspector under 327 IAC 8-10-11 (as in effect January 1,
2013) must complete at least two (2) hours of continuing
professional education every two (2) years. The two (2) hours of
education must be in the areas of:
(1) health protection issues or code requirements relating to
the use of backflow prevention devices; or
(2) installation, repair, maintenance, or inspection of backflow
prevention devices.
(c) Subjects of instruction under subsection (b) may include:
(1) cross-connection identification, degree of hazard,
prevention, control devices, and practices;
(2) cross-connection assembly field test procedures and gauge
accuracy verification; and
(3) cross-connection inspection, repair, and maintenance.
(d) A person may receive credit for participating in a continuing
professional education program or course under this section only
if the program or course:
(1) meets the requirements of subsection (b); and
(2) is approved by the commissioner.
(e) The board shall adopt rules under IC 4-22-2 to establish the
criteria for the program of continuing professional education
administered under this section. The rules may allow programs or
courses to have commercial sponsors, but may not allow programs
or courses to include the promotion of products or services of any
particular firm or manufacturer.
(f) If the board determines that an exemption is in the public
interest, the board may, by rule, exempt certain persons from the
requirements of this section.
(g) The commissioner shall revoke the registration of a
registered cross-connection control device inspector issued under
327 IAC 8-10-11 (as in effect January 1, 2013) if the person does
not demonstrate compliance with this section by providing the
department documentation of the person's attendance at
continuing professional education programs or courses required
under this section, including the name, number, content, and
instructor of each course. Falsification or misstatement of
information required to be documented under this subsection is
grounds for revocation of the person's registration as a
cross-connection control device inspector.
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 18. (a) The cross-connection control device inspector
continuing education fund is established to fund the administration
of the program of continuing professional education for registered
cross-connection control device inspectors administered under
section 17 of this chapter.
(b) The cross-connection control device inspector continuing
education fund shall be administered by the commissioner.
(c) Money in the cross-connection control device inspector
continuing education fund may be used to:
(1) administer the program of continuing professional
education for registered cross-connection control device
inspectors described in section 17 of this chapter;
(2) provide registration cards to Indiana registered
cross-connection control device inspectors; and
(3) maintain and update an Indiana registered
cross-connection control device inspector data base populated
by the list under subsection (e).
(d) The cross-connection control device inspector continuing
education fund consists of the following:
(1) Fees paid under this section.
(2) Appropriations made by the general assembly.
(3) Money transferred to the fund from other funds.
(4) Money from any other source authorized or appropriated
for the fund.
(e) A person registered as a cross-connection control device
inspector under 327 IAC 8-10-11 (as in effect January 1, 2013) may
not be included on the Indiana Registered Cross-Connection
Control Device Inspectors, All Inspectors list maintained by the
commissioner under 327 IAC 8-10-11 (as in effect January 1, 2013),
which is referred to as "the list" in this section, without paying a
fee established by the board in an amount not to exceed:
(1) fifty dollars ($50), for a person who was not included on
the list during the six (6) months preceding the person's
registration; and
(2) thirty dollars ($30), for a person who was included on the
list during the six (6) months preceding the person's
registration.
(f) The amount of the fee under subsection (e) may not be more
than is reasonably necessary to generate revenue sufficient to offset
the costs incurred by the department under subsection (c)(1)
through (c)(3).
(b) A backflow inspector shall submit the backflow inspector report to the water utility in the form prescribed by the board under subsection (a).