Bill Text: IN HB1497 | 2013 | Regular Session | Enrolled
Bill Title: Regional water, sewage, and solid waste districts.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-05-13 - Public Law 292 [HB1497 Detail]
Download: Indiana-2013-HB1497-Enrolled.html
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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AN ACT to amend the Indiana Code concerning environmental law.
(1) does not have shareholders;
(2) does not engage in any activities for the profit of its trustees, directors, incorporators, or members; and
(3) is organized and conducts its affairs for purposes other than the pecuniary gain of its trustees, directors, incorporators, or members.
The term does not include a regional district established under IC 13-26, a conservancy district established under IC 14-33, or, for purposes of subsections (f), (g), (h), (i), (j), and (k), a utility company owned, operated, or held in trust by a consolidated city.
(b) As used in this section, "sewage disposal system" means a privy, cesspool, septic tank, or other similar structure. The term includes a septic tank soil absorption system (as defined in IC 13-11-2-199.5). The term does not include a sewer system operated by a not-for-profit public sewer utility.
(c) A not-for-profit utility shall be required to furnish reasonably adequate services and facilities. The charge made by any not-for-profit utility for any service rendered or to be rendered, either directly or in
connection with the service, must be nondiscriminatory, reasonable,
and just. Each discriminatory, unjust, or unreasonable charge for the
service is prohibited and unlawful.
(d) A reasonable and just charge for water or sewer service within
the meaning of this section is a charge that will produce sufficient
revenue to pay all legal and other necessary expense incident to the
operation of the not-for-profit utility's system, including the following:
(1) Maintenance and repair costs.
(2) Operating charges.
(3) Interest charges on bonds or other obligations.
(4) Provision for a sinking fund for the liquidation of bonds or
other evidences of indebtedness.
(5) Provision for a debt service reserve for bonds or other
obligations in an amount not to exceed the maximum annual debt
service on the bonds or obligations.
(6) Provision of adequate funds to be used as working capital.
(7) Provision for making extensions and replacements.
(8) The payment of any taxes that may be assessed against the
not-for-profit utility or its property.
The charges must produce an income sufficient to maintain the
not-for-profit utility's property in sound physical and financial
condition to render adequate and efficient service. A rate too low to
meet these requirements is unlawful.
(e) Except as provided in subsections (f) and (h), a not-for-profit
public sewer utility may require connection to its sewer system of
property producing sewage or similar waste and require the
discontinuance of use of a sewage disposal system if:
(1) there is an available sanitary sewer within three hundred (300)
feet of :
(A) the property line, if the property is:
(i) located in a consolidated city;
(ii) adjacent to a body of water, including a lake, river, or
reservoir; or
(iii) any part of a subdivision, or land that is divided or
proposed to be divided into lots, whether contiguous or
subject to zoning requirements, for the purpose of sale or
lease as part of a larger common plan of development or
sale; or
(B) for all other properties, the improvement or other structure
from which the sewage or similar waste is discharged; and
(2) the utility has given written notice by certified mail to the
property owner at the address of the property at least ninety (90)
days before the date for connection stated in the notice.
The notice given under subdivision (2) must also inform the property
owner, other than an owner of property located in a consolidated city,
that the property owner may qualify for an exemption as set forth in
subsection (f).
(f) Subject to subsection (h), a property owner is exempt from the
requirement to connect to a not-for-profit public sewer utility's sewer
system and to discontinue use of a sewage disposal system if the
following conditions are met:
(1) The property owner's sewage disposal system is a septic tank
soil absorption system that was new at the time of installation and
approved in writing by the local health department.
(2) The property owner, at the property owner's expense, obtains
and provides to the not-for-profit public sewer utility a
certification a written determination from the local health
department or the department's designee that the sewage disposal
septic tank soil absorption system is functioning satisfactorily.
not failing. The local health department or the department's
designee shall provide the owner with a written determination
not later than sixty (60) days after receipt of the owner's
request. If the local health department or the department's
designee fails to provide a written determination within the
time established in this subdivision, the owner, at the owner's
expense, may obtain a written determination from a qualified
inspector. If the local health department or the department's
designee denies the issuance of a certificate to the property owner,
determines that a septic tank soil absorption system is failing,
the property owner may appeal the denial determination to the
board of the local health department. The decision of the board is
final and binding.
(3) The property owner provides the not-for-profit public sewer
utility with:
(A) the written notification of potential qualification for the
exemption described in subsection (i); and
(B) the certification written determination described in
subdivision (2);
within the time limits set forth in subsection (i).
(g) If a property owner, within the time allowed under subsection
(i), notifies a not-for-profit public sewer utility in writing that the
property owner qualifies for the exemption under this section, the
not-for-profit public sewer utility 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 sewage
disposal system and connect to the not-for-profit public sewer utility's
sewer system.
(h) A property owner who qualifies for the exemption provided
under this section may not be required to connect to the not-for-profit
public sewer utility's sewer system for a period of ten (10) years
beginning on the date the new sewage disposal system was installed.
A property owner may apply for two (2) five (5) year extensions of the
exemption provided under this section by following the procedures set
forth in subsections (f) and (g). If ownership of an exempt property is
transferred during a valid exemption period, including during an
extension of an initial exemption:
(1) the exemption applies to the subsequent owner of the property
for the remainder of the exemption period during which the
transfer occurred; and
(2) the subsequent owner may apply for any remaining
extensions.
However, the total period during which a property may be exempt from
the requirement to connect to a district's sewer system under this
section may not exceed twenty (20) years, regardless of ownership of
the property.
(i) To qualify for an exemption under this section, a property owner
must:
(1) within sixty (60) days after the date of the written notice given
to the property owner under subsection (e), notify the
not-for-profit public sewer utility in writing that the property
owner qualifies for the exemption under this section; and
(2) within sixty (60) one hundred twenty (120) days after the
not-for-profit public sewer utility receives the written notice
provided under subdivision (1), provide the not-for-profit public
sewer utility with the certification written determination
required under subsection (f)(2).
(j) When a property owner who qualifies for an exemption under
this section subsequently discontinues use of the property owner's
sewage disposal system and connects to the not-for-profit public sewer
utility's sewer system, the property owner may be required to pay only
the following to connect to the sewer system:
(1) The connection fee the property owner would have paid if the
property owner connected to the sewer system on the first date the
property owner could have connected to the sewer system.
(2) Any additional costs:
(A) considered necessary by; and
(B) supported by documentary evidence provided by;
the not-for-profit public sewer utility.
(k) A not-for-profit public sewer utility may not require a property owner to connect to the not-for-profit public sewer utility's sewer system if:
(1) the property is located on at least ten (10) acres;
(2) the owner can demonstrate the availability of at least two (2) areas on the property for the collection and treatment of sewage that will protect human health and the environment;
(3) the waste stream from the property is limited to domestic sewage from a residence or business;
(4) the system used to collect and treat the domestic sewage has a maximum design flow of seven hundred fifty (750) gallons per day; and
(5) the owner, at the owner's expense, obtains and provides to the district a certification from the local health department or the department's designee that the system is
(l) A property owner who connects to a not-for-profit public sewer utility's sewer system may provide, at the owner's expense, labor, equipment, materials, or any combination of labor, equipment, and materials from any source to accomplish the connection to the sewer system, subject to inspection and approval by the not-for-profit public sewer utility.
(m) This section does not affect the authority of the state department of health, a local health department, or a county health officer with respect to a sewage disposal system.
(n) For purposes of this section, a sewage disposal system is "failing" if one (1) or more of the following apply:
(1) The system refuses to accept sewage at the rate of design application and interferes with the normal use of plumbing fixtures.
(2) Effluent discharge exceeds the absorptive capacity of the soil into which the system discharges, resulting in ponding, seepage, or other discharge of the effluent to the ground surface or to surface waters.
(3) Effluent discharged from the system contaminates a potable water supply, ground water, or surface waters.
(o) As used in this section, "qualified inspector" means any of the following:
(1) An employee of a local health department who is designated by the local health department as having sufficient
knowledge of onsite sewage systems to determine if an onsite
sewage system is failing.
(2) An individual who is certified by the Indiana Onsite
Wastewater Professionals Association as an onsite sewage
system installer or inspector.
(3) An individual listed by the state department of health or
the local health department with jurisdiction over the service
area of the property inspected as having sufficient knowledge
of onsite sewage systems to determine if an onsite sewage
system is failing.
(1) store;
(2) treat;
(3) make inoffensive; or
(4) dispose of;
human excrement or liquid carrying wastes of a domestic nature.
(b) Notice under subsection (a) must be provided as follows:
(1) Beginning at least thirty (30) days before the date on which a public meeting under subsection (c) is scheduled, by publication of notice one (1) time each week for three (3) consecutive weeks in at least two (2) newspapers of general circulation in each of the counties, in whole or in part, in the proposed district. If there is only one (1) newspaper of general circulation in a county, a single
publication each week for three (3) consecutive weeks satisfies
the requirement of this subdivision.
(2) Either: Beginning at least fourteen (14) days before the
date on which a public meeting under subsection (c) is
scheduled, by:
(A) by first class United States mail, postage prepaid, mailed
to each freeholder within the proposed district; or and
(B) by broadcasting at least three (3) public service
announcements each day for fourteen (14) days on at least two
(2) radio stations operating in each of the counties, in whole or
in part, in the proposed district.
beginning at least fourteen (14) days before the date on which a
public meeting under subsection (c) is scheduled.
(c) After providing notice under subsection (b), a representative that
seeks to file a petition to establish a district must conduct a public
meeting to discuss and receive comments on the proposed district.
(d) A representative may not file a petition to establish a district:
(1) more than one hundred eighty (180) or less than sixty (60)
days after providing notice under subsection (b); or
(2) less than thirty (30) days after a meeting held under subsection
(c).
(1) is void; and
(2) is not a sufficient petition for purposes of section 5 of this chapter.
(b) An appointed trustee does not have to be a resident of the district.
(c) An appointed trustee must:
(1) own real property within the district;
(2) be a trustee appointed under section 4 or 5 of this chapter;
(3) be an elected official who represents a political subdivision that has territory in the district; or
(4) be a ratepayer of the district.
(b) Subject to subsection (d), 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 and was approved in writing by the local health department.
(2) The property owner, at the property owner's own expense, obtains
(3) The property owner provides the district with:
(A) the written notification of potential qualification for the exemption described in subsection (f); and
(B) the
within the time limits set forth in subsection (f).
(c) If a property owner, within the time allowed under subsection (f), 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) 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 ten (10) years beginning on the date the new
septic tank soil absorption system was installed. A property owner may
apply for two (2) five (5) year extensions of the exemption provided
under this section by following the procedures set forth in subsections
(b) and (c). If ownership of an exempt property is transferred during a
valid exemption period, including during an extension of an initial
exemption:
(1) the exemption applies to the subsequent owner of the property
for the remainder of the exemption period during which the
transfer occurred; and
(2) the subsequent owner may apply for any remaining
extensions.
However, the total period during which a property may be exempt from
the requirement to connect to a district's sewer system under this
section may not exceed twenty (20) years, regardless of ownership of
the property.
(e) 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.
(f) To qualify for an exemption under this section, a property owner
must:
(1) within sixty (60) days after the date of the written notice given
to the property owner under subsection (e), notify the district in
writing that the property owner qualifies for the exemption under
this section; and
(2) within sixty (60) one hundred twenty (120) days after the
district receives the written notice provided under subdivision (1),
provide the district with the certification written determination
required under subsection (b)(2).
(g) When a property owner who qualifies for an exemption under this section subsequently discontinues use of the property owner's septic tank soil absorption system and connects to the district's sewer system, the property owner may be required to pay only the following to connect to the sewer system:
(1) The connection fee the property owner would have paid if the property owner connected to the sewer system on the first date the property owner could have connected to the sewer system.
(2) Any additional costs:
(A) considered necessary by; and
(B) supported by documentary evidence provided by;
the district.
(h) A property owner who connects to a district's sewer system may provide, at the owner's expense, labor, equipment, materials, or any combination of labor, equipment, and materials from any source to accomplish the connection to the sewer system, subject to inspection and approval by the board or a designee of the board.
(i) This section does not affect the authority of the state department of health, a local health department, or a county health officer with respect to a septic tank soil absorption system.
(j) For purposes of this section, a septic tank soil absorption system is "failing" if one (1) or more of the following apply:
(1) The system refuses to accept sewage at the rate of design application and interferes with the normal use of plumbing fixtures.
(2) Effluent discharge exceeds the absorptive capacity of the soil into which the system discharges, resulting in ponding, seepage, or other discharge of the effluent to the ground surface or to surface waters.
(3) Effluent discharged from the system contaminates a potable water supply, ground water, or surface waters.
(k) As used in this section, "qualified inspector" means any of the following:
(1) An employee of a local health department who is designated by the local health department as having sufficient knowledge of onsite sewage systems to determine if an onsite sewage system is failing.
(2) An individual who is certified by the Indiana Onsite Wastewater Professionals Association as an onsite sewage system installer or inspector.
(3) An individual listed by the state department of health or a local health department with jurisdiction over the service
area of the property inspected as having sufficient knowledge
of onsite sewage systems to determine if an onsite sewage
system is failing.
(1) By publication of notice one (1) time each week for three (3) consecutive weeks in at least two (2) newspapers of general circulation in each of the counties, in whole or in part, of the district affected by the proposed extension of service. If there is only one (1) newspaper of general circulation in a county, a single publication each week for three (3) consecutive weeks satisfies the requirement of this subdivision.
(2) By United States mail, postage prepaid, mailed to each freeholder within the territory to which the district proposes to extend service.
(b) To add territory to a district already established, the board must file
(c) Except as provided under
(1) the same procedure must be used to add territory to the district as is provided for the establishment of a district under IC 13-26-2; and
(2) the department shall proceed in the same manner that is set forth in IC 13-26-2, IC 13-26-4, IC 13-26-6, and IC 13-26-7.
(d) Not more than one hundred eighty (180) days after the date a motion is filed with the department under subsection (b) to add territory to a district already established, if a petition is filed with the department that is signed by a majority of the freeholders within the area proposed to be added and indicating that the freeholders are opposed to the addition of the area by the district:
(1) the department may not proceed under subsection (c); and
(2) the territory may not be added to the district.
(1) the commissioner is not required to appoint a hearing officer under IC 13-26-2-5;
(2) the board shall:
(A) provide the notice of; and
(B) conduct;
the hearing required under IC 13-26-2-6; and
(3) instead of making findings and recommendations under IC 13-26-2-8, the board shall submit documentary evidence to the commissioner to prove the:
(A) notice was provided; and
(B) hearing was conducted;
by the board as required under subdivision (2).
(b) A health officer, upon receiving a complaint asserting the existence of unlawful conditions described in subsection (a) within the officer's jurisdiction, shall document the complaint as provided in subsection (d). Upon verifying the information contained in the complaint, the health officer shall order the abatement of those conditions. The order must:
(1) be in writing;
(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.
(d) A complaint made under subsection (b) must include adequate details to allow the health officer to verify the existence of the unlawful conditions that are the subject of the complaint. A health officer shall provide a copy of a complaint upon request to the person who is the subject of the complaint.
(e) A person who provides false information upon which a health officer relies in issuing an order under this section commits a Class C
(b) As used in this section, "misconduct" means a violation of a departmental rule or procedure of a law enforcement agency.
(c) A person who reports, by telephone, telegraph, mail, or other written or oral communication, that:
(1) the person or another person has placed or intends to place an explosive, a destructive device, or other destructive substance in a building or transportation facility;
(2) there has been or there will be tampering with a consumer product introduced into commerce; or
(3) there has been or will be placed or introduced a weapon of mass destruction in a building or a place of assembly;
knowing the report to be false, commits false reporting, a Class D felony.
(d) A person who:
(1) gives a false report of the commission of a crime or gives false information in the official investigation of the commission of a crime, knowing the report or information to be false;
(2) gives a false alarm of fire to the fire department of a governmental entity, knowing the alarm to be false;
(3) makes a false request for ambulance service to an ambulance service provider, knowing the request to be false;
(4) gives a false report concerning a missing child (as defined in IC 10-13-5-4) or missing endangered adult (as defined in IC 12-7-2-131.3) or gives false information in the official investigation of a missing child or missing endangered adult knowing the report or information to be false;
(5) makes a complaint against a law enforcement officer to the state or municipality (as defined in IC 8-1-13-3(b)) that employs the officer:
(A) alleging the officer engaged in misconduct while
performing the officer's duties; and
(B) knowing the complaint to be false; or
(6) makes a false report of a missing person, knowing the report
or information is false; or
(7) gives a false report of actions, behavior, or conditions
concerning a septic tank soil absorption system under
IC 8-1-2-125 or IC 13-26-5-2.5 knowing the report or
information to be false;
commits false informing, a Class B misdemeanor. However, the offense
is a Class A misdemeanor if it substantially hinders any law
enforcement process or if it results in harm to an innocent person.
IC 16-19-12-1 (Concerning the state department of health).
IC 16-20-1-25 (Concerning local health departments).
IC 16-20-9-1 (Concerning local health departments).
IC 16-21-2-2.5 (Concerning licensure of hospitals).
IC 16-21-5-3 (Concerning licensure of hospitals).
IC 16-21-6-12 (Concerning hospital financial disclosure law).
IC 16-21-7-5 (Concerning hospitals).
IC 16-25-5-8 (Concerning hospices).
IC 16-25-6-1 (Concerning hospices).
IC 16-27-1-15 (Concerning home health agencies).
IC 16-27-2-3 (Concerning home health agencies).
IC 16-27-4-23 (Concerning home health agencies).
IC 16-28-7-5 (Concerning monitors).
IC 16-28-9-3 (Concerning monitors).
IC 16-28-9-4 (Concerning monitors).
IC 16-28-9-5 (Concerning monitors).
IC 16-30-5-1 (Concerning health planning).
IC 16-31-3-16 (Concerning emergency medical services).
IC 16-31-3-22 (Concerning emergency medical services).
IC 16-31-10-2 (Concerning emergency medical services).
IC 16-34-2-5 (Concerning abortion).
IC 16-34-2-6 (Concerning abortion).
IC 16-34-2-7 (Concerning abortion).
IC 16-36-4-15 (Concerning medical consent).
IC 16-36-4-16 (Concerning medical consent).
IC 16-36-5-27 (Concerning medical consent).
IC 16-36-5-28 (Concerning medical consent).
IC 16-37-1-12 (Concerning vital statistics).
IC 16-37-1-13 (Concerning vital statistics).
IC 16-37-2-2.1 (Concerning vital statistics).
IC 16-37-2-19 (Concerning vital statistics).
IC 16-37-3-16 (Concerning vital statistics).
IC 16-38-5-4 (Concerning health registries).
IC 16-39-7.1-3 (Concerning health records).
IC 16-39-7.1-6 (Concerning health records).
IC 16-41-1-3 (Concerning communicable diseases).
IC 16-41-2-9 (Concerning communicable diseases).
IC 16-41-3-3 (Concerning communicable diseases).
IC 16-41-4-3 (Concerning communicable diseases).
IC 16-41-5-3 (Concerning communicable diseases).
IC 16-41-6-3 (Concerning communicable diseases).
IC 16-41-7-5 (Concerning communicable diseases).
IC 16-41-8-1 (Concerning communicable diseases).
IC 16-41-8-3 (Concerning communicable diseases).
IC 16-41-8-5 (Concerning communicable diseases).
IC 16-41-9-1.5 (Concerning communicable diseases).
IC 16-41-10-5 (Concerning communicable diseases).
IC 16-41-10-7 (Concerning communicable diseases).
IC 16-41-12-13 (Concerning communicable diseases).
IC 16-41-12-14 (Concerning communicable diseases).
IC 16-41-12-15 (Concerning communicable diseases).
IC 16-41-13-3 (Concerning communicable diseases).
IC 16-41-13-4 (Concerning communicable diseases).
IC 16-41-13-6 (Concerning communicable diseases).
IC 16-41-14-13 (Concerning communicable diseases).
IC 16-41-14-15 (Concerning communicable diseases).
IC 16-41-14-16 (Concerning communicable diseases).
IC 16-41-14-17 (Concerning communicable diseases).
IC 16-41-14-20 (Concerning communicable diseases).
IC 16-41-15-18 (Concerning communicable diseases).
IC 16-41-16-11 (Concerning communicable diseases).
IC 16-41-18-6 (Concerning prevention and treatment programs).
IC 16-41-19-10 (Concerning prevention and treatment programs).
IC 16-41-20-13 (Concerning health, sanitation, and safety).
IC 16-41-21-18 (Concerning health, sanitation, and safety).
IC 16-41-21-19 (Concerning health, sanitation, and safety).
IC 16-41-22-21 (Concerning health, sanitation, and safety).
IC 16-41-22-22 (Concerning health, sanitation, and safety).
IC 16-41-23-4 (Concerning health, sanitation, and safety).
IC 16-41-24-11 (Concerning health, sanitation, and safety).
IC 16-41-25-2 (Concerning health, sanitation, and safety).
IC 16-41-27-34 (Concerning health, sanitation, and safety).
IC 16-41-29-5 (Concerning regulation of lodging facilities and bedding materials).
IC 16-41-32-30 (Concerning regulation of lodging facilities and bedding materials).
IC 16-41-33-9 (Concerning pest control).
IC 16-41-34-8 (Concerning pest control).
IC 16-41-35-40 (Concerning radiation).
IC 16-41-38-10 (Concerning radon gas).
IC 16-42-1-16 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-1-34 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-2-8 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-2-9 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-3-12 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-4-5 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-5-26 (Concerning sanitary requirements for food establishments).
IC 16-42-5-27 (Concerning sanitary requirements for food establishments).
IC 16-42-10-13 (Concerning food).
IC 16-42-18-7 (Concerning food).
IC 16-42-19-27 (Concerning the Indiana Legend Drug Act).
IC 16-42-21-4 (Concerning the Indiana Legend Drug Act).
IC 16-44-1-1 (Concerning product labeling and inspection).
IC 16-44-2-22 (Concerning product labeling and inspection).
IC 16-46-6-12 (Concerning state health grants and programs).
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