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Indiana Code Title 16. Health § 16-41-25-9

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 9. (a) As used in this section, “septage” means human excreta, wastewater, scum, sludge, and other content introduced through incidental or accidental seepage that is removed from domestic septic tanks, holding tanks, privies, seepage pits, cesspools, compost toilets, or portable sanitary units.

(b) As used in this section, “septage management vehicle” means a vehicle that is:

(1) used for:

(A) the removal of septage from holding tanks or sewage disposal systems;  and

(B) the transportation of the septage to wastewater treatment plants or other facilities for treatment, temporary storage, or disposal;  and

(2) subject to regulation under IC 13-18-12 and 327 IAC 7.1.

(c) Septage that originates from a residential or commercial source may be held in one (1) or more holding tanks until it is removed and transported from the site of the holding tanks by a septage management vehicle.  A holding tank to which this subsection applies may not have a capacity of more than ten thousand (10,000) gallons.

(d) A holding tank used under this section must be:

(1) designed and equipped so that septage can be cleanly and efficiently pumped from the tank into a septage management vehicle to be transported from the site of the tank;  and

(2) equipped with a device that will produce an audio and visual alarm when the septage in the tank reaches two-thirds ( 2/3 ) of the tank's capacity.

(e) A holding tank described in this section may not be used to hold septage unless the tank owner has obtained a permit from the local health department of the county, city, or multiple county unit in which the holding tank is located.  To obtain a permit, the owner of a holding tank must:

(1) enter into a written contract with an operator of septage management vehicles providing for the removal of septage from the holding tank at regular intervals;

(2) provide a copy of the contract to the local health department;  and

(3) commit to providing to the local health department copies of receipts or other records proving that the holding tank owner is regularly paying the septage management vehicle operator a fee for the removal of septage from the holding tank.

(f) A permit issued to the owner of a holding tank may be suspended or revoked, or renewal of the permit may be denied, for:

(1) a violation of:

(A) this section;

(B) a condition stated in the permit;  or

(C) a requirement established under subsection (g);  or

(2) a problem involving the holding tank or the operation of the holding tank that creates a risk of harm to human health or the environment.

(g) The local health department of a county, city, or multiple county unit may establish requirements:

(1) concerning the issuance, term, and renewal of permits required under subsection (e);

(2) concerning the design, construction, location, and operation of holding tanks described in this section;  and

(3) determining:

(A) the ways in which a holding tank owner may provide the proof;  and

(B) how often the tank owner must provide the proof;

required under subsection (e)(3).

(h) In accordance with any rules or guidelines adopted under IC 13-18-12-3(b), a local health department that issues permits for the use of holding tanks under this section shall report to the department of environmental management concerning the holding tanks.

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Cite this article: FindLaw.com - Indiana Code Title 16. Health § 16-41-25-9 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-16-health/in-code-sect-16-41-25-9/

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