Indiana House Bill 1436 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 2-0)
Status: Introduced on January 17 2023 - 25% progression, died in committee
Action: 2023-02-02 - Representative Miller D added as coauthor
Pending: House Ways and Means Committee
Text: Latest bill text (Amended) [PDF]

Onsite sewage systems and holding tanks. Defines "alternative residential onsite sewage system" as a system that: (1) is designed for the collection, storage, treatment, and disposal of sewage from the dwelling of one or two families; (2) is installed in a place that is not suitable for a standard septic system; (3) is a replacement for a standard septic system that did not function properly; (4) is based on a design or plan approved by the National Sanitation Foundation; (5) employs advanced treatment components not used in standard septic systems; (6) discharges treated effluent above ground; and (7) requires more frequent testing and maintenance than a standard septic system. Requires the environmental rules board to adopt rules, including emergency rules, to establish standards and specifications, effluent limitations, and inspection, maintenance, testing, service, and repair requirements for alternative residential onsite sewage systems. Requires the department of environmental management (IDEM) to issue a National Pollutant Discharge Elimination System general permit that will authorize the installation and use of alternative residential onsite sewage systems. Requires a local health department to grant a permit for an alternative residential onsite sewage system if certain requirements are met, including: (1) the permit applicant has obtained coverage under the general permit; (2) the applicant affirms in writing that the alternative residential onsite sewage system will be installed and maintained in accordance with the rules of the environmental rules board; and (3) the permit applicant has filed an affidavit for recording in the county recorder's office that will provide notice to any prospective transferee of the applicant's property that the transferee will be subject to the ongoing inspection, maintenance, testing, service, and repair requirements applying to alternative residential onsite sewage systems. Provides that if the owner of property served by an alternative residential onsite sewage system fails to satisfy any inspection, maintenance, testing, service, or repair requirement, the local health department shall have the needed work done and shall bill the property owner for the cost. Provides that these costs, plus fees, if unpaid, become a lien against the property. Provides that septage that originates from a residential or commercial source may be held in one or more holding tanks of not more than 10,000 gallons until removed and transported from the site. Establishes requirements for septage holding tanks. Requires a permit from the local health department for the operation of a septage holding tank. Requires a septage tank owner to enter into a written contract with a septage management vehicle operator for regular removal of septage from the tank, to provide a copy of the contract to the local health department, and to provide proof to the local health department that the tank owner is regularly paying for the removal of septage from the holding tank. Requires a local health department to report to IDEM concerning the septage tanks in its jurisdiction.

Onsite sewage systems and holding tanks.

Rep. Karen Engleman [R]

Rep. Doug Miller [R]

Date	Chamber	Action
2023-02-02	House	Representative Miller D added as coauthor
2023-02-02	House	Referred to the Committee on Ways and Means pursuant to House Rule 127
2023-02-02	House	Committee report: do pass, adopted
2023-01-17	House	First reading: referred to Committee on Environmental Affairs
2023-01-17	House	Authored by Representative Engleman

Type	Source
Summary	https://iga.in.gov/legislative/2023/bills/house/1436/details
Text	https://iga.in.gov/legislative/2023/bills/house/1436/#1.INTR
Text	https://iga.in.gov/legislative/2023/bills/house/1436/#2.COMH