(1) the sewage disposal system that serves the lot, parcel, or building is failing; and

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(A) in or through a public right-of-way owned or controlled by a unit; and

(B) for the purpose of connecting the owner’s lot, parcel of real property, or building to a sewer system owned or operated by a unit or an entity other than the unit described in clause (A);

regardless of whether the proposed installation will be accomplished by excavation, directional boring, or any other commonly used method of installation.

     (b) An owner may not install a sewer line or other sewage works as described in subsection (a) unless:

(1) the unit or other entity that owns or operates the sewer system executes a sewer agreement with the owner of the lot, parcel, or building;

(2) the sewer line or sewage works does not extend outside the regulated territory, if any, in which the property is located; and

(3) the owner has obtained all permits and approvals that are required by the state and the unit in which the lot, parcel, or building is located for installation of the sewer line or other sewage works.

     (c) This subsection does not apply to the Indiana department of transportation with respect to any right-of-way owned or controlled by the department. A unit may not prohibit the installation of a sewer line or other sewage works as described in subsection (a) in or through a public right-of-way owned or controlled by the unit if the following conditions are met:

(1) The property owner seeking to install the sewer line or other sewage works does both of the following:

(A) Obtains, at the property owner’s expense, a written determination from any of the following that the sewage disposal system serving the property owner’s property is failing:

(i) The local health department.

(ii) The local health department’s designee.

(iii) The board of the local health department, if the local health department or the local health department’s designee, in response to a property owner’s request for a determination under this clause, determines that the sewage disposal system serving the property owner’s property is not failing, and the property owner appeals that determination to the board of the local health department.

(iv) A qualified inspector.

A written determination by the board of a local health department under item (iii) or by a qualified inspector under item (iv) as to whether a sewage disposal system serving a property owner’s property is failing is final and binding for purposes of this chapter.

(B) Provides the written determination described in clause (A) to the unit:

(i) before the installation of the sewer line or other sewage works; and

(ii) not later than the date of application for all necessary construction or other permits required for the project.

(2) The property owner submits along with, or as part of, the written determination required under subdivision (1)(B) a signed statement agreeing to restore or repair all public or private property damaged in carrying out the installation described in subsection (a) and to place the property in the property’s original condition as nearly as practicable, in accordance with the requirements of the unit that owns or controls the right-of-way, regardless of whether the restoration or repair will be undertaken or performed by the property owner, by the owner or operator of the sewer system to which the property is to be connected, or by some other party.

     (d) For purposes of this section, a sewage disposal system is “failing” if one (1) or more of the following apply:

(1) The system refuses to accept sewage at the rate of design application and interferes with the normal use of plumbing fixtures.

(2) Effluent discharge exceeds the absorptive capacity of the soil into which the system discharges, resulting in ponding, seepage, or other discharge of the effluent to the ground surface or to surface waters.

(3) Effluent discharged from the system contaminates a potable water supply, ground water, or surface waters.

As added by P.L.150-2019, SEC.2.