Authority: IC 16-19-3-4; IC 16-41-25-1

Affected: IC 16-19-3-4; IC 16-41-25-1

Sec. 53. (a) For a dwelling or place of residence that will not be connected to a sanitary sewerage system, the owner, or agent of the owner, shall obtain a written construction permit, signed by the health officer, for construction of a residential on-site sewage system prior to the:

1. (1) start of construction of a residence;
2. (2) placement of a manufactured home, modular home, or mobile home;
3. (3) construction or placement of a residential outbuilding that will include plumbing, or the addition of plumbing to an existing residential outbuilding;
4. (4) replacement of a dwelling, place of residence, or residential outbuilding that includes plumbing;
5. (5) reconstruction of a dwelling, place of residence, or residential outbuilding that includes plumbing;
6. (6) expansion or remodeling of a residence that may increase the number of bedrooms or the DDF;
7. (7) addition to, alteration of, replacement of, or repair of an existing residential on-site sewage system; or
8. (8) installation of an on-site sewage system for an existing residence that did not previously have a residential on-site sewage system as defined in section 32 of this rule.

(b) A local health department shall not issue a construction permit for a new on-site sewage system, the repair of an on-site sewage system, or the replacement of a soil absorption system using TNI without the written approval of the department, except for the provisions of section 52(g) of this rule.

(c) The approval of a site by the local plan commission or the county recorder does not constitute approval by the local health officer.

(d) The application for a construction permit shall be made on a form provided by the local health department. The application shall contain, or include as attachments, the following:

1. (1) Information on the following:

   1. (A) The name and address of the property owner.
   2. (B) The location of the property.
   3. (C) The number of bedrooms and bedroom equivalents.
2. (2) The on-site soils evaluation, as outlined in section 56 of this rule, for the site where the residential soil absorption system is to be constructed.
3. (3) Written plans of sufficient clarity that it can be verified that the design of the residential on-site sewage system shall comply with the provisions of this rule.
4. (4) Other information deemed necessary by the health officer.

(e) When site limitations and soil information for the site have been determined, the owner is responsible for the residential on-site sewage system design that:

1. (1) addresses the demands of the site in accordance with this rule; and
2. (2) will meet local health department approval.

(f) The local health department may require scale drawings of the site and residential on-site sewage system as part of the application process.

(g) In accordance with IC 16-41-25-1(a), the local health department shall issue or deny, in writing to the owner, a residential on-site sewage system construction permit within thirty (30) days of receipt of an application and plan submittal.

(h) No construction on the residential on-site sewage system may take place if the residential on-site sewage system site is disturbed or altered after the on-site evaluation by the addition of fill material, other than construction necessary for the residential on-site sewage system, or by cutting, scraping, compaction, or the removal of soil, until a new on-site evaluation has been conducted and a modified construction permit has been issued.

(i) A soil absorption system replacement for a residential on-site sewage system shall meet or exceed the minimum provisions of this rule. When replacement is necessary due to on-site sewage system failure, and if the replacement soil absorption system cannot meet all of the provisions of this rule, deviations to this rule for a soil absorption system replacement may be made in accordance with the best judgment of the local department of health, based on the following:

1. (1) Limitations of the site.
2. (2) Written results of an evaluation of the operational status of all of the on-site sewage system components and probable reasons for system failure.
3. (3) Written results of an on-site soils evaluation.

(j) Soil absorption system replacement for a residential on-site sewage system shall not be:

1. (1) contrary to sections 52(a) and 60(h) of this rule; and
2. (2) constructed to a depth greater than forty-eight (48) inches below final grade in any portion of a subsurface soil absorption system.

(k) If it is determined that the proposed on-site sewage system design does not meet the minimum requirements of this rule, the permit may be denied in accordance with section 55(e) of this rule.

(l) The permittee shall notify the health officer or the health officer's designee when the work is ready for final inspection:

1. (1) using the procedure published by the local board of health; or
2. (2) at least forty-eight (48) hours or two (2) working days before any subsurface portions are to be covered if the local health board has not published inspection procedures.

(m) The construction permit for a residential on-site sewage system in violation of this section may be revoked by the health officer in accordance with section 55(e) of this rule. Requirements of permits issued for the construction of residential on-site sewage systems shall not be considered fulfilled until the installation is completed to the satisfaction of the health officer or the health officer's duly authorized representative.

(n) Individual lots in subdivisions designed to utilize residential on-site sewage systems, for which the plats were approved by the local plan commission, county health department, or county recorder, and recorded prior to December 21, 1990, are exempt from the provisions of sections 70(b)(8) and 72(b)(7) of this rule if the soils on the individual lot have characteristics that would allow the soil to be rated as slight or moderate in accordance with guidelines as set forth in the soils manuals and handbooks of the NRCS. The soil absorption system to serve each lot that is exempted by this section shall meet the sizing criteria as follows:

(o) Individual lots in subdivisions designed to utilize residential on-site sewage systems, the plats for which were approved by the local plan commission and recorded prior to December 21, 1990, will be granted an exemption by the department from the provisions of section 70(b)(8) of this rule if the health officer of the county in which the development is located certifies to the department, in writing, that:

1. (1) the health department has reviewed and recommended approval to the local plan commission, either verbally, in writing, or by other locally acceptable routine procedure, when the subdivision plat was being considered by that agency; and
2. (2) no lots in the subdivision currently have on-site sewage system failures as defined in section 33 of this rule.

The certification must be accompanied by a brief description of the on-site sewage system approved for each lot for which exemption is requested, including information on the design of the on-site sewage system, as well as information on the type of soil on the site. An affirmative response to subdivisions (1) and (2) must be included in the certification for the exemption to the provisions of section 70(b)(8) of this rule to be granted.

(Indiana Department of Health; 410 IAC 6-8.3-53; filed Oct 19, 2012, 2:06 p.m.: 20121114-IR-410120156FRA; readopted filed Sep 26, 2018, 2:48 p.m.: 20181024-IR-410180328RFA; filed Feb 27, 2024, 10:34 a.m.: 20240327-IR-410220395FRA; readopted filed Nov 14, 2024, 1:24 p.m.: 20241211-IR-410230798RFA)