in-20260708-IR-410260064RAA: $1,301,767

TITLE 410 INDIANA DEPARTMENT OF HEALTH Regulatory Analysis LSA Document #26-64 I. Description of Rule II. Fiscal Impact Analysis III. Impacted Parties IV. Changes in Proposed Rule Rule Section Change Purpose Reason for the Change 5.1 Adds “base flood elevation” definition Clarification This updates to current language replacing “regulatory flood elevation.” 7.1* Adds “best judgment” definition Clarification Clarifies the process for local health departments to use when a “best judgment” is used to allow systems that cannot meet the standards of the rule. This is already in the rule, but the definition is to clarify meaning throughout the rule. 7.2 Adds “Cesspool” definition Clarification Clarifies what a cesspool is. The rule states later that a cesspool is not an approved means of sewage disposal. 8.1 Adds “construction, new” definition Clarification Clarifies the difference between new construction and repair/replacement construction for use of best judgment and issuance of construction permits. 8.2* Adds “construction, repair/replacement” definition Clarification Clarifies the difference between new construction and repair/replacement construction for issuance of construction permits. 12* Amends "design daily flow" definition Clarification Provides alternative sizing requirements for tiny houses and recreational vehicles connected to a residential on-site sewage system, a benefit to homeowners using these types of dwellings. 12.1 Adds “designer” definition Clarification Designates that the one who submits a design as part of an application for a residential on-site sewage system is the designer. 14* Amends "drainageway" definition Clarification Changed pursuant to the Technical Review Panel for clarity. 14.1 Adds “drywell” definition Clarification Clarifies what a drywell is. The rule states later that a drywell is not an approved means of sewage disposal. 16.1* Adds 'fixed reference point” definition Clarification Clarifies what a fixed reference point is to assist in designing a residential on-site sewage system. 17.1 Adds "fragic soil properties" definition Clarification Added per Technical Review Panel request. 17.2 Adds "fragipan" definition Clarification Added per Technical Review Panel request. 18* Amended "health officer" definition Clarification Changed to include the representative of health and hospital corporations 18.1 Adds “high strength waste” definition Clarification Defines characteristics of wastewater that a residential on-site sewage system is not capable of treating. 18.2 Adds “IAPMO” definition Clarification Provides a definition for this entity whose standards are included in the rule. 19.1 Adds “inspector” definition Clarification Defines who can inspect a residential on-site sewage system under parameters included in the rule. 19.2 Adds “installer” definition Clarification Clarifies what kind of work an installer can perform. 20 Amends "interceptor drain" definition Clarification Clarifies purpose of an interceptor drain. 20.1 Adds “involuntary” definition Clarification Distinguishes voluntary from involuntary in regards to what best judgment may be used for and clarifies new vs repair/replacement permits. 20.2* Adds “limiting layer” definition Clarification Removes extensive verbiage that was in the rule in 4 different places and replaces those sections with this term. 27 Amends "perimeter drain" definition Clarification Clarifies purpose of a perimeter drain. 30 Repeals “regulatory flood elevation” definition Clarification Replaced with current definition of “base flood elevation” in section 5.1. 30.1 Adds "recreational vehicle" definition Clarification Defines what is considered to be a recreational vehicle as we now are providing smaller sizing requirements for these types of homes; a benefit to homeowners. 32* Amends “residential on-site sewage system” definition Clarification Clarifies additional components which are considered part of a residential on-site sewage system. 32.1* Adds "residential on-site sewage system expansion" definition Clarification Clarifies what is meant by an expansion to an on-site sewage system. 33* Amends “residential on-site sewage system failure” definition Clarification Clarifies additional situations which are included in the definition of failure and specifies that it is a public health hazard. 33* Amends "residential on-site sewage system failure" definition Clarification Clarifies and expands what an on-site sewage system failure is. 33.1* Adds “residential on-site sewage malfunction” definition Clarification Defines this term which was already used in section 55 of the rule. 33.2* Adds "residential on-site sewage system repair" definition. Clarification Clarifies what is meant by a repair to an on-site sewage system. 33.3* Adds "residential on-site sewage system replacement" definition. Clarification Clarifies what is meant by a replacement to an on-site sewage system. 35.1 Adds "responsible charge of installers" definition. Clarification Clarifies who is responsible for the installation of an on-site sewage system at the job site. 35.2* Adds “secondary safety device” definition. Clarification Clarifies what constitutes a secondary safety device. 39 Amends “segment drain” definition Clarification Adds an additional function to a segment drain which all other subsurface drainage already has. 41.1* Adds “sewage holding tank” definition Clarification Clarifies what a sewage holding tank is as it is used in the rule. 41.2* Adds “soil” definition Clarification Clarifies what soil is as it is used in this rule. 43* Amends “soil absorption system” definition Clarification Clarifies additional components which are considered part of a soil absorption system. 43.1 Adds “soil boring” definition Clarification Clarifies what a soil boring is and what it is used for when evaluating soil. 44* Amends “soil horizon” definition Clarification Adds three components of soil structure and percentage of coarse fragments in each horizon that must be included on the soil profile report required by the rule. There is no additional cost as soil scientists regularly do this already. 45* Amends “soil loading rate” definition Clarification Removes "allowable" from the definition indicating that this is just the rate. This also specifies that it is expressed in US gallons that may be applied per square foot of soil. 45.1 Adds “soil pit” definition Clarification Clarifies what a soil pit is as opposed to a soil boring and clarifies what it is used for when evaluating soil. 46* Amends “soil profile analysis” definition Clarification Add "chemical and biological" characteristics to what the soil scientist describes. This also changes the depth of evaluation, if less than 5 feet, to the depth of the limiting layer. 49 Amends “subsurface drainage system” definition Clarification Clarifies that the subsurface drainage system does both items listed and that sand rather than coarse sand can be used as backfill. 50 Amends “technology new to Indiana” definition Clarification Clarifies that technology new to Indiana is now approved pursuant to IC 16-19-3-27.5 rather than solely by IDOH. 50.1 Adds “temporary benchmark” definition Clarification Defines a location with an elevation that is used to adequately locate the area of the soil absorption field installation. 50.2 Adds “tiny house” definition Clarification Defines what is considered to be a tiny home as we now are providing smaller sizing requirements for these types of homes; a benefit to homeowners. 50.3* Adds “upgraded piping” definition Clarification Removes text repeated multiple times in the rule with a defined term. 50.4 Adds “watertight” definition Clarification Defines what the rule refers to as a watertight structure. 50.5* Adds “voluntary” definition Clarification Distinguishes voluntary from involuntary in regard to what best judgment may be used for and clarifies new vs repair/replacement permits. 51(a) Administrative Authority Clarification Replaces "the local board of health" with "a local health department" to include health and hospital corporations 51(e)* Administrative Authority Clarification Clarifies that residential onsite sewage discharging disposal systems are not regulated by this rule and that those systems may be used if all of the requirements of statute are met. 52(b) General sewage disposal requirements Allows local health departments options for dealing with on-site sewage system failures. Adds that a local health department may require connection to sewer if an on-site sewage system fails and if sanitary sewer is available within 300' of the property line and is within 150% of the cost of installing a replacement on-site sewage system. Further discussion below. 52(e) General sewage disposal requirements Expansion of options for homeowners Expands what a dwelling not connected to sewer can use for sewage disposal. Provides increased options for homeowners. 52(f) General sewage disposal requirements Clarification Clarifies that a cesspool and a drywell are not acceptable means of sewage disposal. Former 52(e) General sewage disposal requirements Relocation of requirements for holding tanks to separate section and expands their use. Removes temporary holding tanks from this section which is replaced with section 62.1. 52(g) General sewage disposal requirements Clarification Replaces "the local board of health" with "a local health department" to include health and hospital corporations 52(h) General sewage disposal requirements Clarification Clarifies that technology new to Indiana is now approved pursuant to IC 16-19-3-27.5 rather than solely by IDOH. 52(i) General sewage disposal requirements Clarification Includes allowance for a declaration of on-site sewage system easement if both properties are owned by the same person. 52(i)* General sewage disposal requirements Clarification Holding tanks and sanitary vault privies that are not on the property where sewage originates must have an easement or a declaration of an easement for the property on which they are placed. 52(l)* General sewage disposal requirements Clarification Clarifies what is required for a dwelling to connect or reconnect to an existing on-site sewage system. 52.1* Adds professional standards Addition Allows for registration, which may include certification, of installers by local health departments or the Indiana Onsite Wastewater Professionals Association. 53(a)(7) and (9) Construction permits Clarification Clarifies that a construction permit is needed prior to installing any component of a residential on-site sewage system and for system abandonment. 53(d)* Construction permits Clarification Outlines what a complete application consists of and what is required to be submitted as part of the application. Requires at least one fixed reference point. 53(g)* Construction permits Clarification and expansion of entries that may approve a construction plan. This clarifies that a complete application must be submitted before the 30-day time period for plan review begins. It also adds reference to 3 statutes that allow for other means of plan approval. 53(h) Construction permits Clarification Amends verbiage per Technical Review Panel. 53(i) Construction permits Expansion of best judgment considerations Expands what the local health department must consider in order to issue a construction permit under best judgment circumstances. 53(j) Construction permits Allows LHDs to deal with high strength waste that has caused a failure. The local health department may require the addition of an aerobic treatment unit to a system which has failed due to high strength waste. They may also allow the owner to create a plan to reduce waste strength. 53(l)* Construction permits Clarification Clarifies that if a local health department has different requirements for final inspection, those must be included in an ordinance approved per IC 16-19-3-27.8 and that no portions of any system may be covered prior to the time limit for final inspections. 53(m) Construction permits Clarification Amended when the on-site sewage system permit conditions are considered fulfilled. 54* Operating permits Expands operating permit options Local health departments may require operating permits on any type of system listed and must issue operating permits for sewage holding tanks. Expands components included and provides for revocation of permits not in compliance. 54.1* Requirements for inspection of existing on-site sewage systems Clarification Outlines what must be observed/evaluated and documented as part of an inspection that is already required by the rule. 55(d) Violations; permit denial and revocation Clarification Replaces "the local board of health" with "a local health department" to include health and hospital corporations 56 On-site soil evaluation Clarification Adds "soil" to the section title for clarity. 56(b) On-site evaluation Clarification Clarifies that the soil scientist must be a registered professional with IRSS as opposed to a registered associate. 56(c) On-site evaluation Clarification Requires a minimum of three soil profiles descriptions be provided for each on-site soil evaluation for on-site sewage system. 56(d)(2)* On-site evaluation Clarification Specifies that if a soil evaluation is not done to a depth of 5 feet, it at least has to be as deep as the limiting layer. 56(e)* On-site evaluation Clarification Change of “shall” to “must.” 56(f)* On-site evaluation Addition Requires all soil evaluation sites to be located in relation to two fixed reference points, when possible, but states 1 fixed point is always required. They were already required to be located, just not from anything in particular. 56(g) On-site evaluation Clarification Changed "subsection" to "subdivision" in reference to this rule. 56(h) On-site evaluation Clarification Requires certified soil scientists to sign the report and submit it directly to the local health department if it is to be used to obtain a construction permit. 57(a)* Separation distances Additions Adds separation distances to sewage holding tanks, subsurface cisterns, and perennial or intermittent streams. 57(a)* Separation distances Additions Adds a separation to a sinkhole and a footnote with a reference to a definition in statute. 57(d) and (e) Separation distances Clarification Uses “upgraded piping” (as now defined) in place of complete verbiage. No change in regulation. 58(a) Dispersal Area Clarification Uses "a restrictive limiting layer" (as now defined) in place of complete verbiage. No change in regulation 58(c)* Dispersal Area Clarification Two instances of “shall” have been changed to “must.” 59(h) Drainage Clarification Added that the drainline should be installed with no high points in the line. 59(n)* Drainage Clarification One “shall” was changed to “must” and “utilized” was changed to “used” for easier comprehension. 60(a) Septic tanks: general requirements Updated industry verbiage Updates septic tank construction materials to match that of IAPMO Z1000. 60(h) Septic tanks: general requirements Update standard Updates standards as required in Indiana Code. 61(j) Septic tanks: construction details Clarification Clarifies requirements for structural strength for concrete as added by Technical Review Panel. 61(n) Septic tanks: construction details Clarification Specifies standard for type III fibers used in concrete tanks. 61(p) and (q) Septic tanks: construction details Update standard Updates standards as required in Indiana Code. 62(a) Dosing tanks Updated standard Updates dosing tank construction materials to match that of IAPMO Z1000. 62(c) Dosing tanks Clarification Clarifies requirements for structural strength for concrete as added by Technical Review Panel. Former 62(e) Septic tanks and dosing tanks: installation and maintenance Repealed Removes requirement for the top of septic tank and dosing tank risers to be above the regulatory flood elevation (RFE). 62(g) Dosing tanks Updated standard Updates standards as required in Indiana Code. 62.1* Sewage holding tanks Addition Replaces former section 52(e). Includes additional requirements to what Indiana Code allows, including minimum sizing requirements. 63* Septic tanks and dosing tanks: installation and maintenance Clarification Adds requirements for sewage holding tanks to be the same as for existing requirements for septic and dosing tanks and updates standards as required in I.C. 63(c)(7) Septic tanks and dosing tanks: installation and maintenance Clarification This section previously required a "plug" in compliance with the statute reference. The statute is still referenced, but we have added the industry standard name, secondary safety device, both as a definition and here. This does not change the requirement. 63(f)* Septic tanks and dosing tanks: installation and maintenance Addition Requires buoyancy control on tanks when recommended by the tank manufacturer. 64* Outlet filters Updated standard Updates standards as required in Indiana Code. 65 Effluent pumps Adds options; updates standard Updates standards as required in Indiana Code. 66(b) Distribution box specifications Clarification Clarifies that the material used to construct a distribution box must be watertight. 66(d) Distribution box specifications Addition Requires any newly installed distribution box that is installed below final grade and uses only one outlet to discharge to a soil absorption field to have a riser to final grade and riser joints to be watertight. 66(e)* Distribution box specifications Clarification Requires distribution boxes to be stabilized during installation to prevent movement. 66(g) Distribution box specifications Clarification Changes "weep hole" to "vent hole" 66(h)* Distribution box specifications Clarification ”Shall” was changed to “must” twice. “As follows:” was included for better understanding. “The” was removed and “a” was added for better understanding. 67 Pipe specifications Updated standards Updates standards as required in Indiana Code and replaces verbiage with the term “upgraded piping”. 68 Aggregate specifications Updated standard Updates standards as required in Indiana Code. 69 Barrier materials Updated standard Updates standards as required in Indiana Code. 70(b)(6)-(7) Subsurface trench on-site sewage system site suitability Use of defined terminology Replaces text with defined term. 70(b)(7)* Table IV Subsurface trench on-site sewage system site suitability Addition Added reference to IC 16-41-25-1, which allows a soil scientist to determine that fill soil is suitable for installation of an on-site sewage system. 70(c)(5)(B)* Subsurface trench on-site sewage system site suitability Addition Added reference to IC 16-41-25-6, which allows a soil scientist to certify that compacted soil may be made suitable. 71* Subsurface trench on-site sewage system type selection criteria Use of defined terminology Replaces text with defined term three times. Corrects reference to “linear feet”. 72(b)(5)-(6) Elevated and mound on-site sewage system site suitability Use of defined terminology Replaces text with defined term. 72(b)(6)* Table V Elevated sand mound on-site sewage system site suitability Addition Added reference to IC 16-41-25-1, which allows a soil scientist to determine that fill soil is suitable for installation of an on-site sewage system. 72(c)(5)(B)* Elevated sand mound on-site sewage system site suitability Addition Added reference to IC 16-41-25-6, which allows a soil scientist to certify that compacted soil may be made suitable. 73* Table for an on-site sewage system selection Corrections Corrects two vertical separation distances to coincide with section 71(b). 74(a)* Subsurface trench on-site sewage system: general design and construction requirements Updated Allows for sizing of the soil absorption field based upon design daily flow (updated definition) for tiny houses and recreational vehicles; a benefit to homeowners. 74(b) Subsurface trench on-site sewage system: general design and construction requirements Addition Requires the area of the soil absorption field to be protected from disturbance (similar to what is already required for elevated sand mounds). A local health department may require a site visit and components of the system to be marked at the site. 79(a) Elevated sand mound on-site sewage systems: design of the aggregate bed Updated Allows for sizing of the soil absorption field based upon design daily flow (updated definition) for tiny houses and recreational vehicles; a benefit to homeowners. 80(c) Elevated sand mound on-site sewage systems: design of basal area Updated Allows for sizing of the soil absorption field based upon design daily flow (updated definition) for tiny houses and recreational vehicles; a benefit to homeowners. 81(c) Elevated sand mound on-site sewage system: dimensions of the elevated sand mound Clarification Changed reference due to other rule changes. 90(a) Abandonment of an on-site sewage system Clarification Requires a permit to be issued and an inspection be completed by the local health department for system abandonment. 90(b)* Abandonment of an on-site sewage system Clarification Clarifies requirements for abandonment of tanks and electrical service. 90(c) Abandonment of an on-site sewage system Clarification Clarifies requirements for a soil absorption field left in place. 90(e) Abandonment of an on-site sewage system Update and Clarification Clarifies requirements for abandonment of soil absorption fields and allows use of aggregate, sand and soil cover to be used as fill material as opposed to being required to be taken to a licensed landfill - a benefit to the customer 90(f) Abandonment of an on-site sewage system Clarification Clarifies requirements for receipt submittal. 91* Matters incorporated by reference Updated standards Does not affect cost because the updated standards are addressed in other updated sections.

VI. Cost Analysis

Estimated total number of on-site sewage system construction permits issued in 2023: 7,189 Estimated total number of on-site sewage system construction permits issued in 2024: 7,297 Estimated average total number of on-site sewage system permits per year in 2023/24: 7,243 Estimated total number of on-site sewage system construction permits issued in 2023/24: 14,486 1 Year 2 Years Connection to Sewer (cost of connection minus the average cost of installing an OSS) $36,215 $72,430 On-site Sewage System Totals Costs $1,301,767 $2,603,533 Total Savings $591,350 $1,182,700 Overall Net Fiscal Impact (Cost) $710,417 $1,420,833 The net compliance and implementation costs for the revisions to this rule are estimated to be above the $1,000,000 threshold for two years. Actual estimated cost for 2 years is $1,420,833. VII. Sources of Information VIII. Regulatory Analysis IX. Contact Information of Staff to Answer Substantive Questions X. Family Impact Assessment pursuant to Executive Order 13-05 XI. Resubmission Information Notice of Second Public Comment Period: 20260708-IR-410260064SNA Notice of Determination Received: June 12, 2026