1. (a) As used in this section, "residential onsite sewage system failure" means a residential onsite sewage system that exhibits one (1) or more of the following:

   1. (1) The onsite sewage system refuses to accept sewage at the rate of design application and interferes with the normal use of residential plumbing fixtures.
   2. (2) Effluent discharge exceeds the absorptive capacity of the soil, resulting in ponding, seepage, or other discharge of the effluent to the ground surface or to surface waters.
   3. (3) Effluent is discharged from the onsite sewage system causing contamination of a potable water supply, ground water, or surface waters.

2. (b) A local health department that determines that a residential onsite sewage system is in residential onsite sewage system failure may issue an order requiring that the failure be corrected. However, an order issued under this subsection is stayed if the owner or occupant of the residence served by the residential onsite sewage system, within fourteen (14) days after the date of the order, enters into a contract with:

   1. (1) a septic system installer or inspector registered with the county in which the residential onsite sewage system is located;
   2. (2) an onsite sewage system technician; or

   3. (3) an Indiana professional engineer registered under IC 25-31-1 ;

      under which the installer or inspector, onsite sewage system technician, or professional engineer agrees to conduct an inspection to determine whether the residential onsite sewage system is in residential onsite sewage system failure.

3. (c) An order is stayed under subsection (b) until the earlier of the following:

   1. (1) The date on which the installer or inspector, technician, or engineer performs the inspection and presents the results of the inspection in writing to:

      1. (A) the owner or occupant of the residence served by the residential onsite sewage system; and
      2. (B) the local health department.
   2. (2) The expiration of forty-five (45) days after the date of the order issued under subsection (b).

4. (d) If the installer or inspector, onsite sewage system technician, or professional engineer states in the report provided to the local health department that the residential onsite sewage system is not in residential onsite sewage system failure, the local health department shall:

   1. (1) withdraw the order issued under subsection (b); or
   2. (2) conduct an investigation of the residential onsite sewage system to make a new determination whether the residential onsite sewage system is in residential onsite sewage system failure.
5. (e) If the local health department conducts an investigation under subsection (d)(2), the order issued under subsection (b) is stayed pending the new determination of the local health department based on the investigation.

As added by P.L.232-2023, SEC.13.