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 shall
regulate 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 by
the department
Sec. 2. (a) A person may not transport, treat, store, or dispose of
wastewater 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 of
wastewater;
without a wastewater management permit unless the person is
exempted under section 7 of this chapter.
(c) A person may not operate a vehicle for the transportation of
wastewater without a wastewater management vehicle identification
number issued under this chapter unless the person is exempted
under section 4(a)(2) of this chapter.
(d) A person may not dispose of wastewater by land application
without first obtaining approval of the land application site under this
chapter.
(e) The department may issue a wastewater management permit
that incorporates issuance of a wastewater management vehicle
identification 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 period
the department determines appropriate. However, the period may not
exceed 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, a
wastewater management permit program for all persons who offer to
perform 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 approve
land application sites
Sec. 4. (a) The board shall, in accordance with IC 13-14-8, adopt
rules to establish the following:
(1) Standards for the following:
(A) The issuance of wastewater management permits under
section 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 in
wastewater management services. However, the board may
exempt by rule vehicles licensed on September 1, 1983, under
the industrial waste haulers rule 320 IAC 5-10 as the rule
existed on September 1, 1983.
(3) Procedures and standards for approval of sites for land
application of wastewater.
(b) The board may designate a county or city health agency as the
board's agent to approve land application sites in accordance with
rules 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 adopt
a 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) per
year.
(c) A vehicle identification number or land application approval
fee may not exceed thirty dollars ($30) per year per vehicle or site.
(d) Whenever the board designates a county or city health agency
as the board's agent to approve land application sites under this
chapter, the county or city health agency shall collect and retain the
land 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 imposed
by 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 criminal
prosecution under IC 13-30-10.
(c) The commissioner may make inspections under this chapter in
accordance 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 identification
numbers, and approvals
Sec. 6.5. In addition to any other authority in this title, the
commissioner or a designated staff member may, under IC 4-21.5,
revoke or modify a permit, a vehicle identification number, or an
approval issued under this chapter for any of the following reasons:
(1) Violation of a requirement of this chapter, rules adopted
under this chapter, a permit, an identification number, or an
approval.
(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, an
identification number, or an approval or failing to comply with
the requirements of the water pollution control laws or rules
adopted by the board.
(5) Changes in circumstances relating to the permit,
identification number, or approval that require either a
temporary or permanent reduction in the discharge of
contaminants.
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 vehicle
identification number
Sec. 7. This chapter does not require a person to obtain a permit
or vehicle identification number under this chapter if the person is:
(1) engaged in:
(A) servicing or maintaining publicly owned wastewater
treatment facilities; or
(B) transportation of wastewater from a publicly owned
wastewater treatment facility;
as long as the wastewater at that facility has been fully treated
and is stabilized;
(2) transporting wastewater from the point of its removal to
another location on the same site or tract owned by the same
person, although disposal of the wastewater must be done in
accordance with this chapter; or
(3) a homeowner who cleans and services the sewage disposal
system serving only the homeowner's residence, although
transportation and disposal of wastewater must be done in
compliance 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 or
animal life; or
(2) has knowledge of an imminent threat from a chemical or
other release to the collection system that is likely to cause an
upset in the publicly owned treatment works that is likely to
pose a threat to human or animal life;
the permittee shall notify emergency response personnel of the
department not more than two (2) hours after the determination under
subdivision (1) or the acquisition of knowledge of an imminent threat
under subdivision (2).
(b) If the department receives notification from a publicly owned
treatment works permittee under subsection (a), the department:
(1) must notify all appropriate state and local government
agencies;
(2) may provide technical assistance to the publicly owned
treatment works as the department determines is necessary; and
(3) must, if the department determines that there is or may be a
threat to human health or animal life, notify the affected news
media;
not more than forty-eight (48) hours after receiving the notification
under subsection (a).
As added by P.L.112-2000, SEC.3.
IC 13-18-12-9
Prohibition against discharge of sewage into waters; exception
under permit process
Sec. 9. (a) This section applies only in a county having a
population of more than three hundred thousand (300,000) but less
than four hundred thousand (400,000).
(b) Except as provided in subsection (c), the point source
discharge of sewage, treated or untreated, from a dwelling or its
associated residential sewage disposal system to waters is prohibited.
(c) The point source discharge of treated sewage from an onsite
residential sewage discharging disposal system to waters is permitted
if:
(1) the local health department for the jurisdiction in which the
system is located issues an operating permit for the system
under subsection (d); and
(2) the discharge is authorized under a general permit issued
under 40 CFR 122.28.
(d) In a county onsite waste management district established
under IC 36-11 that performs all the functions related to onsite waste
management listed in IC 36-11-2-1, the local health department for
the jurisdiction in which the system is located may issue an operating
permit for an onsite residential sewage discharging disposal system
if the system is installed to repair a sewage disposal system that fails
to meet public health and environmental standards and if:
(1) the local health department adopts procedural rules for
monitoring onsite residential sewage discharging disposal
systems 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 water
quality standards;
(2) the local health department certifies, with respect to the
system for which the permit is issued, that:
(A) the system is capable of operating properly;
(B) the system does not discharge effluent that violates water
quality standards;
(C) an acceptable septic tank soil absorption system cannot
be 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 residential
discharging onsite sewage disposal systems; and
(E) the local health department has:
(i) investigated all technologies available for repair of the
sewage disposal system that fails to meet public health and
environmental standards other than the use of an onsite
residential sewage discharging disposal system; and
(ii) determined that an onsite residential sewage
discharging disposal system is the only possible
technology that can be used to effect a repair of the
sewage disposal system that fails to meet public health and
environmental standards without causing unreasonable
economic hardship to the system owner; and
(3) the system for which the permit is issued cannot be
connected 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 the
system owner because of:
(i) the connection requirements of the sanitary sewer
operator; or
(ii) the distance to the sanitary sewer.
As added by P.L.172-2002, SEC.4.