The wastewater industry gathers every year in Indiana at the WWETT Show to see the latest septic system treatment technologies and the best vacuum trucks available to our nation’s pumpers. At the same time, it’s the Crossroads of America, the Hoosier state, that is currently taking a big step backward in oversight of an outdated and crumbling septic system infrastructure.

How’s that for irony? On one hand, our industry’s manufacturers and leading service providers come to Indianapolis to learn how to update and improve service of septic systems, while legislators a few blocks away at the state Capitol are doing what they can to prevent regulatory rules necessary to prompt the inspection, repair and replacement of failing systems.

In 2023, the Indiana legislature passed the House Enrolled Act 1402 that — though it had some positive impacts for the septic service industry — started the ball rolling to prevent any mandatory inspection of septic systems. Clean-water critics of the law at the time said it would lead to more system failures. They pointed out that an estimated 200,000 of the state’s 800,000 septic systems were already failing or inadequate.

On the plus side, the law made changes that could encourage easier statewide approval for use of new treatment technologies. It also promised to speed up system design approval, requiring local health departments to issue residential onsite system permits no more than 30 days after receiving applications. In a world where there are too many patchwork regulations over use of new products, these changes would help our industry manufacturers get proven technologies to the market and in the hands of pumpers to improve their customers’ systems.

But for all that is good with the legislation, it also ties the hands of local and county health departments that might want to promote mandatory periodic septic inspections to identify failing systems and see them repaired and replaced. As noted by critics at the time, the one-size-fits-all approach does not allow communities with sensitive waterways, for example, to require inspections as they see fit to protect a sensitive environment.

WHAT ABOUT LOCAL CONTROL?

At a time when many political candidates run for office on the promise of returning control over issues to the local government, this signaled the exact opposite. The law says no local or county regulation could be more stringent than the state rules.

Now Indiana is poised to continue its fight against commonsense inspection and pumping regulations that have become accepted standards by septic system users in other states for a generation or longer. The new House Bill 1352 would allow inspections after installation of a system only if it were required by the manufacturer, requested by the owner or required by federal or other state law, or if a complaint is filed with a health department, as reported in the Daily Reporter of Greenfield, Indiana.

A companion bill, House 1329, would prevent a local health department or other government agency from requiring time-of-sale real estate system inspections, a common trend across the country to identify and address failing systems. The bill’s author Rep. Jim Pressel, R-Rolling Prairie, contends such inspections are unnecessary government intrusions into private lives.

“Should the government also inspect our cars before we trade those? I don’t think that’s government’s role,” he said in the report. “It’s totally up to you, the consumer, to do your due diligence. … But when government steps in and says to sell your property, we want this inspection and there’s no criteria for the inspections — no.”

The new laws reportedly have strong support in the legislature and will take effect in July if they receive passage. However, detractors say closing the loop on these already-restrictive laws is not good for the environment or the state of the onsite industry in Indiana. Megan Freveletti, of the Conservation Law Clinic at Indiana University, told the paper the new laws would not help the state correct a history of failing septic systems and lessen the risks to clean water.

“Local government should have the ability to set the standards as they see fit to address problems in their communities, especially those with extremely detrimental effects to the environment and human health,” she said.

And David Bottorff, executive director of the Association of Indiana Counties, told the paper, “There’s a value in the public knowing that septic systems are functioning properly,” and added that point-of-sale or periodic inspections could be a useful change.

SOME RULES MAKE SENSE

No kidding. To someone who has lived with — and readily accepted — mandated septic inspections every three years per rules in my home state of Wisconsin, this seems like an unfortunate situation. In their zeal for a scattershot attack on government regulations, I believe Indiana legislators are doing a disservice not only to the environment and the septic service industry. They are not serving the best interests of their constituents who use septic systems.

First of all, I am happy to pay a few hundred dollars for a professional inspection of my septic system every three years and the mandated pumpout that goes along with it when needed. This is a smart and small investment to protect the viability of a system that could cost $20,000 to replace if it failed. Septic systems, when properly maintained, offer a significant value compared to being connected to a municipal sewer system.

Second, I have worked in the wastewater industry for 20 years and know how disconnected from reality many homeowners are when it comes to the care and maintenance of their systems. Most have no clue what’s going on underground, and without property transfer inspections, many buyers and sellers are stung by surprise failures.

Also, I feel comfortable in saying that if any of these legislators would ride around with a pumper for a week, they might be sprinting to the capital to try and change their votes to encourage more mandated inspections and pumping.

Can you imagine the look on a politician’s face when you pull the lid on a tank that hasn’t been pumped in 30 years? Invite them to jump up and down on the hardened scum layer in their expensive Oxford shoes. Hand them the Crust Buster and see if they can push it through the layer of FOG and baby wipes and spin the contents into a slurry.

Send them to the door to talk to the customer about how it would be smart to have the tank pumped every three to five years, only to hear the response: “There’s nothing wrong with the septic tank. I haven’t had to get it pumped for 30 years and it’s worked fine.”

This would be a real eye-opener to someone paid to sit and make laws without truly considering their impact — both the good and the bad. They might conclude it’s not always the best to leave people up to their own devices — that some individuals may indeed decide to never have their septic tank inspected or pumped. To their own detriment.

BEEN THERE. DONE THAT

As a citizen who has served on a city council and as a county board supervisor, I have heard my fair share of complaining about government regulation. And many times these are very sound arguments and I agree with them. I think you’d have to look a while to find someone who really thinks we need a lot more government regulation. 

But I also recognize there is a place for government regulation. And I’ve worked with pumpers long enough to understand that some degree of mandated septic inspection is needed to protect both the consumer utilizing the private treatment system and the general public that deserves protection of our clean water supplies. The unfortunate reality is that a good number of folks — when unprompted by rules and regulations — will ignore their responsibility to care for their septic system. And that’s bad for everyone.

My hope is that Indiana legislators reverse the course they’re on, and takes another look at rational septic system regulation.