in-20240327-IR-410220395FRA: Amends 410 IAC 6-8.3 to update definitions and other provisions to reflect current terminology, standards, and best practices regarding the design, installation, construction, maintenance, and operation of residential on-site sewage systems. Effective 30 days after filing with the publisher.

Final Rule LSA Document #22-395 DIGEST Sec. 51. (a) This rule shall be administered by the local boards of health through their health officer and his or her the health officer's authorized representatives. (b) [Voided by P.L. 167-2022, SECTION 16, effective July 1, 2023.] (c) (b) Each local health department residential on-site sewage system permit program is subject to review by the department. Such A review may include, but not be limited to, a review of the permits issued, supporting documentation, and a review of on-site sewage system installations. (d) (c) In accordance with IC 16-41-25-10 and IC 16-41-25-11, the department or its agent, or the health officer or his or her the health officer's agent, shall be permitted to enter upon all properties at the proper time for the following purposes necessary to achieve compliance with this rule: (d) A local ordinance is not considered more stringent than this rule if it is in accordance with IC 16-19-3-27.8. Sec. 52. (a) No person shall throw, run, drain, seep, or otherwise dispose into any of the surface waters or groundwaters of this state, or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed into such those waters, any organic or inorganic matter from a dwelling or residential on-site sewage system that would cause or contribute to a health hazard or water pollution. (b) The: (c) All residential on-site sewage systems utilizing sanitary privies shall conform to department bulletin SE 11, "The Sanitary Vault Privy", 1986 2021 Edition. (d) Any A dwelling that is not connected, or cannot be connected, to a sanitary sewerage system shall be provided with a residential on-site sewage system that includes a septic tank and a soil absorption system that has not failed. (e) A temporary sewage holding tank is an alternative method of sewage disposal subject to the written approval of the department, except as provided in subsection (f). A temporary sewage holding tank shall not be used as a primary means of residential sewage disposal except: (f) A temporary sewage holding tank may be approved by the local health department: (g) If any conditions preclude the installation of a residential on-site sewage system as described in this rule, the local board of health may not approve the use of any other residential on-site sewage system technology unless written approval from the department is: (h) In order to permit development of new or more efficient sewage treatment or disposal processes, the department may approve the installation of experimental and TNI equipment, facilities, or pollution control devices for which extensive experience or records of use have not been developed in Indiana. The applicant for such the approval must submit evidence of sufficient clarity and conclusiveness to convince the department that the proposal has a reasonable and substantial probability of satisfactory operation without failure. (i) No portion of the residential on-site sewage system or its associated drainage system shall be constructed upon property other than that from which the sewage originates unless easements, which grant permission for such the construction and access for system maintenance, have been obtained for that property and have been legally approved and recorded by the proper authority or commission. (j) Residential on-site sewage systems shall not be used for the disposal of water from: (k) Any A jetted bathtub with a capacity of greater than one hundred twenty-five (125) gallons shall be treated as an extra bedroom for the on-site sewage system sizing requirements of this rule. Sec. 53. (a) For any a dwelling or place of residence that will not be connected to a sanitary sewerage system, the owner, or agent of the owner, shall obtain a written construction permit, signed by the health officer, for construction of a residential on-site sewage system prior to the: (b) A local health department shall not issue a construction permit for a new on-site sewage system, or for the repair of an on-site sewage system, or the replacement of a soil absorption system using TNI without the written approval of the department, except for the provisions of section 52(g) of this rule. (c) The approval of a site by the local plan commission or the county recorder does not constitute approval by the local health officer. (d) The application for a construction permit shall be made on a form provided by the local health department. The application shall contain, or include as attachments, the following: (e) When site limitations and soil information for the site have been determined, the owner is responsible for the residential on-site sewage system design that: (f) The local health department may require scale drawings of the site and residential on-site sewage system as part of the application process. (g) In accordance with IC 16-41-25-1(a), the local health department shall issue or deny, in writing to the owner, a residential on-site sewage system construction permit within forty-five (45) thirty (30) days of receipt of an application and plan submittal. (h) No construction on the residential on-site sewage system may take place if the residential on-site sewage system site is disturbed or altered after the on-site evaluation by the addition of fill material, other than construction necessary for the residential on-site sewage system, or by cutting, scraping, compaction, or the removal of soil, until a new on-site evaluation has been conducted and a modified construction permit has been issued. (i) A soil absorption system replacement for a residential on-site sewage system shall meet or exceed the minimum provisions of this rule. When replacement is necessary due to on-site sewage system failure, and if the replacement soil absorption system cannot meet all of the provisions of this rule, deviations to this rule for a soil absorption system replacement may be made in accordance with the best judgment of the local department of health, based on the following: (j) Soil absorption system replacement for a residential on-site sewage system shall not be: (k) If it is determined that the proposed on-site sewage system design does not meet the minimum requirements of this rule, the permit may be denied in accordance with section 55(e) of this rule. (l) The permittee shall notify the health officer or his or her the health officer's designee when the work is ready for final inspection: (m) The construction permit for a residential on-site sewage system in violation of this section may be revoked by the health officer in accordance with section 55(e) of this rule. Requirements of permits issued for the construction of residential on-site sewage systems shall not be considered as fulfilled until the installation is completed to the satisfaction of the health officer or his or her the health officer's duly authorized representative. (n) Individual lots in subdivisions designed to utilize residential on-site sewage systems, for which the plats were approved by the local plan commission, county health department, or the county recorder, and recorded prior to December 21, 1990, are exempt from the provisions of sections 70(b)(8) and 72(b)(7) of this rule if the soils on the individual lot have characteristics that would allow the soil to be rated as slight or moderate in accordance with guidelines as set forth in the soils manuals and handbooks of the NRCS. The soil absorption system to serve each lot that is exempted by this section shall meet the sizing criteria as follows: (o) Individual lots in subdivisions designed to utilize residential on-site sewage systems, the plats for which were approved by the local plan commission and recorded prior to December 21, 1990, will be granted an exemption by the department from the provisions of section 70(b)(8) of this rule if the health officer of the county in which the development is located certifies to the department, in writing, that: Sec. 57. (a) All septic tanks, dosing tanks, lift stations, and soil absorption systems shall be located in accordance with Table I as follows: (b) A residential on-site sewage system shall not be located within two hundred (200) feet of a public water supply lake or reservoir. However, any a residential on-site sewage system that includes secondary treatment and meets the following requirements may be less than two hundred (200) feet, but not less than fifty (50) feet, from the normal or ordinary high water mark of the lake or reservoir if it: (c) Any A residential on-site sewage system approved under the provisions of subsection (b) must be maintained for the life of the system through an operating permit issued under the provisions of section 54 of this rule. (d) Sewers shall not be located within fifty (50) feet of any a water supply well or subsurface pump suction line, except as follows: (e) Water lines and sewers shall not be laid in the same trench, as follows: Sec. 67. (a) Piping used in a residential on-site sewage system shall meet or exceed the following applicable standards: (b) Gasketed compression-type joints must be used on pressure sewers when they are located ten (10) feet or less from a water line. (c) Soil absorption system gravity distribution laterals shall meet one (1) of the following standards: (d) Gravity distribution laterals shall have two (2) or three (3) rows of holes separated by one hundred twenty (120) degrees with a five-eighths (5/8) inch or three-quarters (3/4) inch hole diameter with holes spaced at five (5) inches or less. (e) Pipe for subsurface drainage systems shall meet the following standards for polyethylene pipe: Sec. 69. (a) The physical characteristics of barrier materials shall have the following minimum average roll values: (MARV) (b) The chemical characteristics of barrier materials shall be: Sec. 91. (a) Bulletin SE 11, "The Sanitary Vault Privy", 1986 2021 Edition, is incorporated by reference as part of this rule. It is available at the department at 2 North Meridian Street, Indianapolis, Indiana IN 46204. (b) NSF/ANSI Standard 40-2010 and Standard 46-2010a are incorporated by reference as part of this rule. Two (2) copies of each standard are available for reference in the files of the department. Copies of the standards may be obtained by mailing a request to the National Sanitation Foundation, 789 North Dixboro Road, P.O. Box 130140, Ann Arbor, Michigan MI 48113-0140, or at www.techstreet.com/cgi-bin/joint.cgi/nsf. (c) ASTM Standards C 923-08, C 990-09, C 1644-06, D 1527-99 (Reapproved 2005), D 1785-06, D 2241-09, D 2282-99 (Reapproved 2005), D 2661-11, D 2665-12, D 2680-01 (Reapproved 2009), D 2729-11, D 2751-05, D 3034-08, D 4355-07, D 4491-99a (Reapproved 2009), D 4533-11, D 4632-08, D 4751-04, D 6241-04 (Reapproved 2009), D 1785-21a, D 2241-2020, D 2661-2021, D 2665-2020, D 2680-2020, D 2729-2021, D 3034-2021, D 4355-21, D 4491-2022, D 4533-15, D 4632-2023, D 4751-21a, D 6241-22a, F 405-05, F 480-12, F 667-12, F 810-07, and F 891-10, F 480-14 (2022), F 667-16 (2021), and F 810-12 (2018) are incorporated by reference as part of this rule. Two (2) copies of each standard are available for reference in the files of the department. ASTM standards may be obtained at http://www.astm.org/Standard/index.shtml. (d) AASHTO Standard M252-09 M252-23 is incorporated by reference as part of this rule. Two (2) copies of the standard are available for reference in the files of the department. This standard may be obtained at https://store.transportation.org/Item/PublicationDetail?ID=5093. (e) NRCS Standard 606, September 2003 July 2022, is incorporated by reference as part of this rule. Two (2) copies of the standard are available for reference in the files of the department. This standard may be obtained at https://www.nrcs.usda.gov/sites/default/files/2022-10/Subsurface_Drain_606_NHCP_CPS_2022.pdf. https://www.nrcs.usda.gov/resources/guides-and-instructions/subsurface-drain-ft-606-conservation- (f) INDOT 2012 Standard Specifications, Section 904, Aggregates is incorporated by reference as part of this rule. Two (2) copies of the standard are available for reference in the files of the department. The standard may be obtained at https://www.in.gov/dot/div/contracts/standards/book/sep11/2012Master.pdf https://www.in.gov/indot/files/2012Master.pdf. (g) NEMA 250-2008 is incorporated by reference as part of this rule. Two (2) copies of the standard are available for reference in the files of the department. The standard may be obtained at https://webstore.ansi.org/standards/nema/nema2502008.