Chapter 12. Wastewater Management
Regulation of wastewater management services providers
Sec. 1. The board and the department shall regulate persons who
provide septage management services.
As added by P.L.1-1996, SEC.8. Amended by P.L.159-2011, SEC.24;
Actions prohibited without permit; issuance of certain permits by
Sec. 2. (a) A person may not transport, treat, store, or dispose of
septage 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 septage;
without a septage management permit unless the person is exempted
under section 7 of this chapter.
(c) A person may not dispose of septage by land application
without first obtaining approval of the land application site under this
(d) The department may issue a septage management permit that
incorporates approval of a land application site.
(e) The department may issue new and renewal permits 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; P.L.159-2011, SEC.25; P.L.37-2012,
Land application of industrial waste products
Sec. 2.5. (a) The department and the board may allow a person to
use industrial waste products in a land application operation or as
ingredients in a soil amendment or soil substitute to be land applied
(1) the industrial waste products are not hazardous wastes;
(2) the industrial waste products:
(A) have a beneficial use (as defined in 327 IAC 6.1-2-6); or
(B) otherwise provide a benefit to the process of creating the
soil amendments or soil substitute or to the final soil
amendment, soil substitute, or material to be land applied,
such as bulking;
(3) the finished soil amendment, soil substitute, or material to
be land applied satisfies the applicable criteria in 327 IAC 6.1;
(4) the finished soil amendment, soil substitute, or material to
be land applied has a beneficial use;
(5) the requirements of subsection (b) are satisfied; and
(6) the person pays a permit fee in an amount determined by the
department that does not exceed the costs incurred by the
department to issue the permit.
(b) The department:
(1) may allow the use of industrial waste products:
(A) in a land application operation; or
(B) as ingredients in a soil amendment or soil substitute to
be land applied;
on the same basis as other materials under the rules concerning
land application and marketing and distribution permits;
(2) may not:
(A) discriminate against the use of industrial waste products
on the basis that the industrial waste products lack biological
(B) impose requirements beyond applicable criteria in 327
IAC 6.1, unless additional requirements are necessary for the
protection of human health and the environment;
(C) require that the finished soil amendment, soil substitute,
or material to be land applied must be of a particular
economic value; or
(D) for any pollutant that has a pollutant limit or
concentration in 327 IAC 6.1, require that an industrial
waste product or the finished soil amendment, soil
substitute, or material to be land applied satisfies:
(i) the department's risk integrated system of closures
nonrule policy document; or
(ii) any other standards other than criteria in 327 IAC 6.1;
(3) for any pollutant present in the industrial waste products
that does not have a pollutant limit or concentration in 327 IAC
6.1, shall consider the benefits of the finished soil amendment,
soil substitute, or material to be land applied as compared to the
measurable risks to human health and the environment based on
the anticipated use of the finished soil amendment, soil
substitute, or material to be land applied; and
(4) shall require an application for a permit for the land
application of industrial waste products to include
characterization of individual industrial waste products at the
point of waste generation before mixing the waste streams.
(c) The board may adopt rules for pollutant limits or
concentrations for pollutants for which limits or concentrations do
not exist in 327 IAC 6.1 as of July 1, 2011.
As added by P.L.223-2011, SEC.2. Amended by P.L.6-2012,
SEC.104; P.L.133-2012, SEC.130.
Sec. 3. The board shall initiate, in accordance with IC 13-15, a
septage management permit program for all persons who offer to
perform or are performing septage management services.
As added by P.L.1-1996, SEC.8. Amended by P.L.159-2011, SEC.26.
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 13-14-9, adopt
rules to establish the following:
(1) Standards for the following:
(A) The issuance of septage management permits under
section 3 of this chapter.
(B) Transportation, storage, and treatment of septage, and
disposal of septage, including land application.
(2) Procedures and standards for approval of sites for land
application of septage.
(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; P.L.159-2011, SEC.27; P.L.37-2012,
Sec. 5. (a) Subject to subsections (b) and (c), the board may adopt
a fee schedule for the issuance of:
(1) septage management permits; and
(2) land application site approvals;
under this chapter.
(b) A permit fee may not exceed one hundred dollars ($100) per
(c) A land application approval fee may not exceed thirty dollars
($30) per year per 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;
P.L.159-2011, SEC.28; P.L.37-2012, SEC.22.
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.
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 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, or an approval.
(2) Failure to disclose all relevant facts.
(3) A misrepresentation made in obtaining the permit or
(4) Failing to meet the qualifications for a permit 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 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; P.L.37-2012, SEC.23.
Exemptions from requirement to obtain permit or vehicle
Sec. 7. This chapter does not require a person to obtain a permit
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 septage from the point of its removal to another
location on the same site or tract owned by the same person,
although disposal of the septage 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 septage, including land
application, 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;
P.L.159-2011, SEC.29; P.L.37-2012, SEC.24.
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
(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
not more than forty-eight (48) hours after receiving the notification
under subsection (a).
As added by P.L.112-2000, SEC.3.
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
(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
(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
(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
(ii) the distance to the sanitary sewer.
As added by P.L.172-2002, SEC.4.