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Health department says state rule supersedes county sewage ordinance; county will defer to IAC 410-6-8
Summary
Health department staff told commissioners that House Bill 1402 and Senate Bill 1414 led to the repeal of the county's sewage ordinance; county will follow state code IAC 410-6-8 and maintain current fee schedules until the state review panel is active.
Melissa from the Clinton County Health Department told commissioners on March 17 that state law enacted by House Bill 1402 and Senate Bill 1414 has removed local authority to maintain a more restrictive sewage ordinance and that county Ordinance 2010-5 has been superseded by state code.
"Our local county ordinance for sewage cannot be more strict than the state's enacted statute," Melissa told the board, citing IAC 410-6-8 as the current reference. She said the change does not alter local fee schedules but does require the county to defer to the state site for residential on-site sewage rules until the state review panel is reconstituted.
Melissa said she will share detailed guidance with county staff and follow up with the commissioners when the review panel completes its work. Commissioners asked about timing; staff said they understood the state's panel may not allow a new local ordinance until July and that county staff would work on language to align with state rules when appropriate.
