2014 Indiana Code TITLE 16. HEALTH ARTICLE 41. PUBLIC HEALTH MEASURES FOR THE PREVENTION AND CONTROL OF DISEASE CHAPTER 25. HEALTH, SANITATION, AND SAFETY: RESIDENTIAL SEPTIC SYSTEMS
Download as PDF
IC 16-41-25
Chapter 25. Health, Sanitation, and Safety: Residential Septic
Systems
IC 16-41-25-1
Plan review; permit rules; septic systems in fill soil in certain
counties
Sec. 1. (a) The state department shall adopt rules under IC 4-22-2
that provide for a reasonable period not exceeding forty-five (45)
days in which a plan review and permit for residential septic systems
must be approved or disapproved.
(b) This subsection applies to a county with a population of more
than seventy-seven thousand (77,000) but less than eighty thousand
(80,000). As used in this subsection, "fill soil" means soil transported
and deposited by humans or soil recently transported and deposited
by natural erosion forces. A rule that the state department adopts
concerning the installation of residential septic systems in fill soil
may not prohibit the installation of a residential septic system in fill
soil on a plat if:
(1) before the effective date of the rule, the plat of the affected
lot was recorded;
(2) there is not an available sewer line within seven hundred
fifty (750) feet of the property line of the affected lot; and
(3) the local health department determines that the soil, although
fill soil, is suitable for the installation of a residential septic
system.
As added by P.L.2-1993, SEC.24. Amended by P.L.167-1999, SEC.1;
P.L.170-2002, SEC.110; P.L.119-2012, SEC.144.
IC 16-41-25-2
Violations
Sec. 2. (a) Except as otherwise provided, a person who recklessly
violates or fails to comply with rules adopted under section 1 of this
chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24. Amended by P.L.150-1996, SEC.1.
IC 16-41-25-3
Residential septic systems installed after July 1, 1996;
requirements; enforcement
Sec. 3. (a) This section applies only to residential septic systems
that are installed after July 1, 1996, and that use a raiser that is more
than six (6) inches in diameter and opens to ground level.
(b) Each opening to an underground tank of a residential septic
system that allows access from ground level must be covered with a
lid or top that is securely fastened.
(c) Below a residential septic system's lid or top described in
subsection (b), the tank of the residential septic system must have a
cap or plug.
(d) A person who installs a residential septic system after June 30,
1996, commits a Class B infraction if the residential septic system
does not meet the requirements of this section.
(e) Each local health department established within a county under
IC 16-20-2-2 shall enforce this section in the county.
As added by P.L.150-1996, SEC.2.
IC 16-41-25-4
Notice of property located in service district of regional sewage
district; onsite soil evaluation
Sec. 4. (a) Before a local health department may act on an
application for a residential septic system permit, the local health
department shall inform the applicant for a residential septic system
permit if the property is located in the service district of a regional
sewage district.
(b) An employee of a local health department may conduct an
onsite soil evaluation concerning the repair or replacement of a failed
residential onsite sewage system (as defined in IC 13-11-2-144.8) if:
(1) the employee was hired by the local health department
before January 1, 2013;
(2) the local health board has determined that the employee has
the necessary knowledge of the principles of soil science as
acquired by professional education;
(3) the employee uses guidelines set forth in the soil manuals,
technical bulletins, and handbooks of the Natural Resources
Conservation Service of the United States Department of
Agriculture; and
(4) the employee files a written report with the local health
department for each onsite soil evaluation conducted by the
employee.
As added by P.L.97-2012, SEC.17. Amended by P.L.10-2013, SEC.1.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
