LSA Document #26-64

LSA Document #26-64 adds and amends multiple sections throughout 410 IAC 6-8.3 regarding the disposition of excremental and sewage matter through the design, installation, construction, maintenance, and operation of residential on-site sewage systems. During the 2025 legislative session, Section 4 of HEA 1052 added IC 16-19-3-34 requiring IDOH to update these rules by July 1, 2026. It is also prompted by statutory changes which have voided local on-site sewage system ordinances that vary from this rule (IC 16-19-3-27.8 and IC 16-41-25-7) as of July 1, 2023. IC 16-19-3-27.7 requires that all matters incorporated by reference and all industry standard practices reflected in the rules be updated by IDOH with approval from the Technical Review Panel. Updates proposed by IDOH reflect the industry standards, requirements, and best practices identified by the Technical Review Panel, which reviewed and approved the proposed rule.

Many of the items proposed in this rule stem from years of observation, collaboration, and advancements in technologies in the field of on-site sewage systems, combining the years of experience of soil scientists, system designers and installers, academia, and local and state regulators. These proposed changes include, but are not limited to:

• Clearly defined standards and requirements to promote statewide consistency and eliminate the need for local health departments to have lengthy on-site sewage system ordinances;
• New and updated definitions and terminology, as approved by the IDOH Technical Review Panel;
• Minimum requirements for inspection of residential on-site sewage systems for  "use of best judgement" when connecting or reconnecting to existing on-site sewage systems, as requested by the Indiana Legislature and Technical Review Panel;
• Specific requirements for sewage holding tanks to further clarify IC 16-41-25-9;
• A requirement that all on-site sewage system installers register with local health departments where they install these systems;
• Provide local health departments with the authority to certify installers if there is a need;
• Language to address high strength waste which contributes to the failure of a residential on-site sewage system;
• Alternate on-site sewage system sizing options for tiny homes and recreational vehicles;

This proposed rule is available in full online through the Indiana Register.

Public Comments

First Comment Period:

The Indiana Department of Health (IDOH) is soliciting public comment on amending rules at 140 IAC 6-8.3 regarding residential on-site sewage systems to update and add definitions, bring the rule into conformance with statutory updates, to update matters incorporated by reference, and to update onsite sewage system regulations and repealing 410 IAC 6-8.3-30. IDOH seeks comment on the affected citations listed and any other provisions of Title 410 that may be affected by this rulemaking. Comments may be submitted in any of the following ways:

(1) By attending a scheduled public hearing

(2) By email to RulePublicComments@health.in.gov
Re: PUBLIC COMMENT for Civil Penalties Rule Amendments 
Please note: email comments will not be considered part of the official written comment period unless they are sent to the address indicated in this notice

(3) By mail or common carrier to:
LSA Document #26-
Claire Dyer, Staff Attorney
Office of Legal Affairs Indiana Department of Health
2 North Meridian Street
Indianapolis, IN 46204

Comments may be inspected in person at Indiana Department of Health, 2 N. Meridian Street, Indianapolis, IN 46204. Please email RulePublicComments@health.in.gov to schedule an appointment.

Public Hearing

The purpose of this hearing is to receive comments from the public prior to consideration of adoption of these rules by IDOH. All interested persons are invited and will be given reasonable opportunity to express their views concerning the proposed amendments. If IDOH does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the proposed rule. This hearing will be live streamed via Microsoft Teams, and the public may attend and comment on the public hearing in person or remotely.

Summary of Public Comment & Agency Response

Timeline

Dates marked with "(E)" are estimated future dates and are subject to change. Supporting documents for LSA #26-64 are linked, and the associated dates reflect when the each document was posted by the Legislative Services Agency.

For additional information, please email RulePublicComments@health.in.gov.