Under IC 4-22-2-24, notice is hereby given that on July 16, 2012, at 10:00 a.m., at the Indiana State Department of Health, 2 North Meridian Street, Indianapolis, Indiana, the Indiana State Department of Health will hold a public hearing on the proposed rule adding 410 IAC 6-8.3 to update and clarify agency requirements pertaining to the design, construction, installation, maintenance, and operation of residential on-site sewage systems and to repeal 410 IAC 6-8.2.

The ISDH has the authority to adopt this rule under IC 16-19-3-5. The rule clarifies existing requirements and makes terminology more consistent without changing the minimum requirements of the existing rule. Some of the rule's standards have been moved to different sections that are more relevant, and some have been combined, but the organizational changes do not change any of the rule's requirements. The rule will not add any expenses to the state or local governments. The department also estimates that there will be no fiscal impact on small businesses. The proposed rule will require that on-site soils evaluations be conducted by a soil scientist who is registered with the Indiana Registry of Soil Scientists (IRSS). Most counties already require that the on-site soils evaluations be conducted by a soil scientist registered with the IRSS. Therefore, the department estimates that fiscal impacts per individual system will be approximately $225-$300 only for property owners in those few counties that currently do not require the services of an IRSS registered soil scientist. The proposed rule will also require a two-compartment tank whenever sewage is pumped into the septic tank using a grinder pump. This will cost not more than a few hundred dollars per tank for a two-compartment tank instead of a one-compartment tank, but will apply only to those homes where a grinder pump precedes the septic tank. The use of a two-compartment tank will prevent premature clogging of the septic tank outlet filter. Therefore, the minimal additional cost of a two-compartment tank will be offset by the reduction in the frequency of service calls.

Experience from professionals in the industry, including the Rural On-Site Wastewater Management Committee of the Indiana Builders Association, indicates that a two-compartment tank will prevent premature clogging of the septic tank outlet filter better than a one-compartment tank. Robert Seabloom, Terry Bounds, and Ted Loudon described the issue this rule is trying to address in the University Curriculum Development for Decentralized Wastewater Management: Septic Tanks (January 2004). They noted that sometimes high-velocity output pumps will precede the septic tank, which can cause excessive turbulence and could keep solids from properly settling. They stated that an additional septic tank could slow the velocity and reduce the possibility of high suspended solids.

Copies of these rules are now on file at the Office of Legal Affairs, Indiana State Department of Health, 2 North Meridian Street and Legislative Services Agency, Indiana Government Center North, 100 North Senate Avenue, Room N201, Indianapolis, Indiana and are open for public inspection.