Sec. 1. (a) The state department shall adopt rules under IC 4-22-2 that provide for a reasonable period not exceeding thirty (30) days in which a plan review and permit for a residential onsite sewage system must be approved or disapproved.

     (b) This subsection applies to a county with a population of more than eighty thousand (80,000) and less than eighty thousand four hundred (80,400). As used in this subsection, “fill soil” means soil transported and deposited by humans or soil recently transported and deposited by natural erosion forces. A rule that the state department adopts concerning the installation of residential onsite sewage systems in fill soil may not prohibit the installation of a residential onsite sewage system in fill soil on a plat if:

Terms Used In Indiana Code 16-41-25-1

  • Population: has the meaning set forth in Ind. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • residential onsite sewage system: means all equipment and devices necessary for proper conduction, collection, storage, treatment, and onsite disposal of sewage from:

    Indiana Code 16-41-25-0.4

(1) before the effective date of the rule, the plat of the affected lot was recorded;

(2) there is not an available sewer line within seven hundred fifty (750) feet of the property line of the affected lot; and

(3) the local health department determines that the soil, although fill soil, is suitable for the installation of a residential onsite sewage system.

[Pre-1993 Recodification Citation: 16-1-3-33.]

As added by P.L.2-1993, SEC.24. Amended by P.L.167-1999, SEC.1; P.L.170-2002, SEC.110; P.L.119-2012, SEC.144; P.L.261-2019, SEC.3; P.L.104-2022, SEC.119; P.L.167-2022, SEC.7; P.L.178-2022(ts), SEC.12.

  Previous section
Next section  
 Chapter 25 Contents