CHAPTER 12. WASTEWATER MANAGEMENT
IC 13-18-12
Chapter 12. Wastewater Management
IC 13-18-12-1
Regulation of wastewater management services providers
Sec. 1. The water pollution control board and the department shallregulate persons who provide wastewater management services.
As added by P.L.1-1996, SEC.8.
IC 13-18-12-2
Actions prohibited without permit; issuance of certain permits bythe department
Sec. 2. (a) A person may not transport, treat, store, or dispose ofwastewater in violation of this chapter.
(b) A person may not engage in:
(1) the cleaning of sewage disposal systems; or
(2) the transportation, treatment, storage, or disposal ofwastewater;
without a wastewater management permit unless the person isexempted under section 7 of this chapter.
(c) A person may not operate a vehicle for the transportation ofwastewater without a wastewater management vehicle identificationnumber issued under this chapter unless the person is exemptedunder section 4(a)(2) of this chapter.
(d) A person may not dispose of wastewater by land applicationwithout first obtaining approval of the land application site under thischapter.
(e) The department may issue a wastewater management permitthat incorporates issuance of a wastewater management vehicleidentification number and approval of a land application site.
(f) The department may issue new and renewal permits,identification numbers, and approvals under this chapter for a periodthe department determines appropriate. However, the period may notexceed three (3) years.
As added by P.L.1-1996, SEC.8. Amended by P.L.31-1999, SEC.1;P.L.114-2008, SEC.10.
IC 13-18-12-3
Permit program
Sec. 3. The board shall initiate, in accordance with IC 13-15, awastewater management permit program for all persons who offer toperform or are performing wastewater management services.
As added by P.L.1-1996, SEC.8.
IC 13-18-12-4
Adoption of rules; local health agency as board's agent to approveland application sites
Sec. 4. (a) The board shall, in accordance with IC 13-14-8, adoptrules to establish the following:
(1) Standards for the following: (A) The issuance of wastewater management permits undersection 3 of this chapter.
(B) Cleaning of sewage disposal systems.
(C) Transportation, storage, and treatment of wastewater,and disposal of wastewater, including land application.
(2) Issuance of identification numbers for all vehicles used inwastewater management services. However, the board mayexempt by rule vehicles licensed on September 1, 1983, underthe industrial waste haulers rule 320 IAC 5-10 as the ruleexisted on September 1, 1983.
(3) Procedures and standards for approval of sites for landapplication of wastewater.
(b) The board may designate a county or city health agency as theboard's agent to approve land application sites in accordance withrules adopted under this section.
As added by P.L.1-1996, SEC.8. Amended by P.L.31-1999, SEC.2;P.L.114-2008, SEC.11.
IC 13-18-12-5
Fees
Sec. 5. (a) Subject to subsections (b) and (c), the board may adopta fee schedule for the issuance of:
(1) wastewater management permits;
(2) wastewater management vehicle identification numbers; and
(3) land application site approvals;
under this chapter.
(b) A permit fee may not exceed one hundred dollars ($100) peryear.
(c) A vehicle identification number or land application approvalfee may not exceed thirty dollars ($30) per year per vehicle or site.
(d) Whenever the board designates a county or city health agencyas the board's agent to approve land application sites under thischapter, the county or city health agency shall collect and retain theland application approval fee.
As added by P.L.1-1996, SEC.8. Amended by P.L.114-2008, SEC.12.
IC 13-18-12-6
Enforcement; violations; inspections
Sec. 6. (a) This chapter shall be enforced under IC 13-30-3.
(b) Violations of this chapter are subject to the penalties imposedby the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a violation of this chapter may lead to criminalprosecution under IC 13-30-10.
(c) The commissioner may make inspections under this chapter inaccordance with IC 13-14-2-2 and IC 13-14-5.
As added by P.L.1-1996, SEC.8. Amended by P.L.137-2007, SEC.13.
IC 13-18-12-6.5
Revocation or modification of permits, vehicle identificationnumbers, and approvals
Sec. 6.5. In addition to any other authority in this title, thecommissioner or a designated staff member may, under IC 4-21.5,revoke or modify a permit, a vehicle identification number, or anapproval issued under this chapter for any of the following reasons:
(1) Violation of a requirement of this chapter, rules adoptedunder this chapter, a permit, an identification number, or anapproval.
(2) Failure to disclose all relevant facts.
(3) A misrepresentation made in obtaining the permit,identification number, or approval.
(4) Failing to meet the qualifications for a permit, anidentification number, or an approval or failing to comply withthe requirements of the water pollution control laws or rulesadopted by the board.
(5) Changes in circumstances relating to the permit,identification number, or approval that require either atemporary or permanent reduction in the discharge ofcontaminants.
As added by P.L.31-1999, SEC.3. Amended by P.L.114-2008,SEC.13.
IC 13-18-12-7
Exemptions from requirement to obtain permit or vehicleidentification number
Sec. 7. This chapter does not require a person to obtain a permitor vehicle identification number under this chapter if the person is:
(1) engaged in:
(A) servicing or maintaining publicly owned wastewatertreatment facilities; or
(B) transportation of wastewater from a publicly ownedwastewater treatment facility;
as long as the wastewater at that facility has been fully treatedand is stabilized;
(2) transporting wastewater from the point of its removal toanother location on the same site or tract owned by the sameperson, although disposal of the wastewater must be done inaccordance with this chapter; or
(3) a homeowner who cleans and services the sewage disposalsystem serving only the homeowner's residence, althoughtransportation and disposal of wastewater must be done incompliance with this chapter.
As added by P.L.1-1996, SEC.8. Amended by P.L.114-2008, SEC.14.
IC 13-18-12-8
Notification of upset or imminent threat of upset
Sec. 8. (a) If a publicly owned treatment works permittee:
(1) determines that an upset has occurred in the publicly owned
treatment works that is likely to pose a threat to human oranimal life; or
(2) has knowledge of an imminent threat from a chemical orother release to the collection system that is likely to cause anupset in the publicly owned treatment works that is likely topose a threat to human or animal life;
the permittee shall notify emergency response personnel of thedepartment not more than two (2) hours after the determination undersubdivision (1) or the acquisition of knowledge of an imminent threatunder subdivision (2).
(b) If the department receives notification from a publicly ownedtreatment works permittee under subsection (a), the department:
(1) must notify all appropriate state and local governmentagencies;
(2) may provide technical assistance to the publicly ownedtreatment works as the department determines is necessary; and
(3) must, if the department determines that there is or may be athreat to human health or animal life, notify the affected newsmedia;
not more than forty-eight (48) hours after receiving the notificationunder subsection (a).
As added by P.L.112-2000, SEC.3.
IC 13-18-12-9
Prohibition against discharge of sewage into waters; exceptionunder permit process
Sec. 9. (a) This section applies only in a county having apopulation of more than three hundred thousand (300,000) but lessthan four hundred thousand (400,000).
(b) Except as provided in subsection (c), the point sourcedischarge of sewage, treated or untreated, from a dwelling or itsassociated residential sewage disposal system to waters is prohibited.
(c) The point source discharge of treated sewage from an onsiteresidential sewage discharging disposal system to waters is permittedif:
(1) the local health department for the jurisdiction in which thesystem is located issues an operating permit for the systemunder subsection (d); and
(2) the discharge is authorized under a general permit issuedunder 40 CFR 122.28.
(d) In a county onsite waste management district establishedunder IC 36-11 that performs all the functions related to onsite wastemanagement listed in IC 36-11-2-1, the local health department forthe jurisdiction in which the system is located may issue an operatingpermit for an onsite residential sewage discharging disposal systemif the system is installed to repair a sewage disposal system that failsto meet public health and environmental standards and if:
(1) the local health department adopts procedural rules formonitoring onsite residential sewage discharging disposalsystems in the jurisdiction, including fines or penalties, or both,
for noncompliance, to ensure that:
(A) required maintenance is performed on the systems; and
(B) the systems do not discharge effluent that violates waterquality standards;
(2) the local health department certifies, with respect to thesystem for which the permit is issued, that:
(A) the system is capable of operating properly;
(B) the system does not discharge effluent that violates waterquality standards;
(C) an acceptable septic tank soil absorption system cannotbe located on the property served by the system because of:
(i) soil characteristics;
(ii) size; or
(iii) topographical conditions;
of the property;
(D) the system:
(i) was properly installed by a qualified installer; and
(ii) provides the best available technology for residentialdischarging onsite sewage disposal systems; and
(E) the local health department has:
(i) investigated all technologies available for repair of thesewage disposal system that fails to meet public health andenvironmental standards other than the use of an onsiteresidential sewage discharging disposal system; and
(ii) determined that an onsite residential sewagedischarging disposal system is the only possibletechnology that can be used to effect a repair of thesewage disposal system that fails to meet public health andenvironmental standards without causing unreasonableeconomic hardship to the system owner; and
(3) the system for which the permit is issued cannot beconnected to a sanitary sewer because:
(A) there is not a sanitary sewer connection available;
(B) the sanitary sewer operator refuses connection; or
(C) unreasonable economic hardship would result to thesystem owner because of:
(i) the connection requirements of the sanitary seweroperator; or
(ii) the distance to the sanitary sewer.
As added by P.L.172-2002, SEC.4.