1. (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.

2. (b) As used in this section, "septage management vehicle" means a vehicle that is:

   1. (1) used for:

      1. (A) the removal of septage from holding tanks or sewage disposal systems; and
      2. (B) the transportation of the septage to wastewater treatment plants or other facilities for treatment, temporary storage, or disposal; and
   2. (2) subject to regulation under this chapter and 327 IAC 7.1.

3. (c) A wastewater treatment plant that has allowed for the disposal of septage on or after January 1, 2023, shall continue to allow for the disposal of septage that is picked up from within the unit where the wastewater treatment plant is located or a neighboring unit to the wastewater treatment plant. However, a wastewater treatment plant need not accept septage if the wastewater treatment plant is not:

   1. (1) designed to receive;
   2. (2) permitted to receive; or

   3. (3) operationally capable of receiving;

      septage in accordance with a permit approved by the department.

4. (d) If a septage hauler believes that a wastewater treatment plant is not accepting septage in violation of subsection (c), the septage hauler may submit a written request to the department to determine whether the wastewater treatment plant must accept septage.

5. (e) After consulting with the septage hauler and the owner of the wastewater treatment plant, the department shall issue:

   1. (1) a determination; and
   2. (2) if applicable, an order requiring the wastewater treatment plant to accept septage.
6. (f) A determination or order issued by the department under this section is subject to review under IC 4-21.5 .
7. (g) A unit accepting septage from a septage management vehicle may charge a fair and reasonable fee.

8. (h) Nothing in this section shall be construed to require a wastewater treatment facility to accept septage in a manner that:

   1. (1) conflicts with its National Pollutant Discharge Elimination System permit or other department issued permit;
   2. (2) causes or contributes to a treatment process upset or permit violation; or
   3. (3) necessitates capital improvements or operational changes without full cost recovery.

As added by P.L.95-2026, SEC.3.