Ind. Code ch. 8-1-46.1

Ind. Code ch. 8-1-46.1
in effect

Ind. Code § 8-1-46.1-1 Applicability

Sec. 1. This chapter applies to the following: (1) A commercial facility that discharges wastewater containing fats, oils, or grease into a sewer system. (2) A food establishment (as defined in IC 16-18-2-137). (3) A mobile retail food establishment (as defined in IC 16-18-2-239.3). As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-2 "Fats, oils, and grease" or "FOG"

Sec. 2. As used in this chapter, "fats, oils, and grease" or "FOG" means any organic substance derived from animal or vegetable sources that may: (1) solidify; (2) congeal; or (3) become viscous at ambient temperatures; and can obstruct, accumulate, or interfere in a wastewater collection or a sewer system. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-3 "Grease control equipment"

Sec. 3. As used in this chapter, "grease control equipment" refers to the necessary combination of: (1) grease interceptors; and (2) grease traps; to prevent fats, oils, grease, and food solids from being discharged into a sewer system. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-4 "Grease hauler"

Sec. 4. As used in this chapter, "grease hauler" means a person or company regulated and permitted by the Indiana department of environmental management and that engages in the: (1) collection; (2) transport; or (3) disposal; of material removed from a grease trap or grease interceptor. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-5 "Grease interceptor"

Sec. 5. As used in this chapter, "grease interceptor" means an exterior or underground watertight receptacle that is designed to intercept and retain: (1) fats; (2) oils; (3) grease; and (4) food solids; from high volume wastewater flows before the wastewater is discharged into a sewer system. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-6 "Grease trap"

Sec. 6. As used in this chapter, "grease trap" means a watertight tank designed to: (1) intercept; (2) congeal; and (3) retain or remove; fats, oils, and grease from wastewater before the wastewater is discharged into a sewer system. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-7 "Nonresidential onsite sewage system"

Sec. 7. As used in this chapter, "nonresidential onsite sewage system" has the meaning set forth in IC 16-19-3.5-3.5. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-8 "Properly sized"

Sec. 8. As used in this chapter, "properly sized" refers to the sizing and configuration of a grease trap or grease interceptor in accordance with: (1) good engineering practice; (2) state plumbing codes; and (3) manufacturer specifications; sufficient to prevent fats, oils, and grease from entering a sewer system or a nonresidential onsite sewage system in quantities that cause blockages, interference, or maintenance problems. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-9 "Regulated entity"

Sec. 9. As used in this chapter, "regulated entity" means a: (1) commercial facility that discharges wastewater containing fats, oils, or grease into a sewer system; (2) food establishment (as defined in IC 16-18-2-137); or (3) mobile retail food establishment (as defined in IC 16-18-2-239.3). As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-10 "Regulating authority"

Sec. 10. As used in this chapter, "regulating authority" means an entity that receives wastewater from a regulated entity. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-11 "Sewer system"

Sec. 11. As used in this chapter, "sewer system" has the meaning set forth in IC 36-9-22.5-3. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-12 "Utility"

Sec. 12. As used in this chapter, "utility" means: (1) a public utility (as defined in IC 8-1-2-1(a)); (2) a municipally owned utility (as defined in IC 8-1-2-1(h)); (3) a not-for-profit utility (as defined in IC 8-1-2-125(a)); (4) a cooperatively owned corporation; (5) a conservancy district established under IC 14-33; or (6) a regional district established under IC 13-26; that provides sewage disposal service to the public. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-13 Regulated entity's grease control duties; exception to regulations

Sec. 13. (a) A regulated entity shall install and operate properly sized grease control equipment to prevent the discharge of wastewater containing fats, oils, or grease in concentrations that cause or contribute to: (1) blockages; (2) overflows; or (3) interference; in a sewer system. (b) The regulated entity's grease control equipment shall be: (1) designed; or (2) approved; by a licensed professional engineer under IC 25-31 or a professional architect under IC 25-4. (c) Subject to subsection (d), a regulated entity that demonstrates through operational characteristics, inspection, and sampling that the regulated entity does not generate fats, oils, or grease in quantities requiring interception is: (1) exempt from the requirements of this chapter; and (2) not required to install grease control equipment. (d) If a regulated entity's characteristics change and the regulated entity begins to generate fats, oils, or grease in quantities requiring interception, the regulated entity shall install grease control equipment. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-14 Regulated entity compliance requirements

Sec. 14. A regulated entity's compliance with this chapter is demonstrated through the installation, maintenance, and operation of grease control equipment in compliance with best practices that meet applicable: (1) state plumbing code requirements; (2) manufacturer specifications; (3) equipment performance standards; and (4) sizing formulas adopted by the regulating authority. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-15 Additional sewer rates or surcharges imposed by a regulating authority

Sec. 15. (a) A regulating authority charging additional sewer rates or surcharges shall only charge the just and reasonable costs to operate a FOG program. (b) The regulating authority shall design the costs charged under subsection (a) in a manner such that all costs required to operate a FOG program are covered by the rate or surcharge paid by the regulated entity. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-16 Regulating authority's compliance powers; compliance factors

Sec. 16. (a) The regulating authority shall evaluate a regulated entity's compliance with this chapter based on the regulated entity's actual discharge of FOG into a sewer system. (b) A regulating authority shall consider the: (1) size; (2) products; and (3) operational characteristics; of each regulated entity when determining maintenance frequency, inspection schedules, and rate classifications. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-17 Restrictions on utilities and regulating authorities

Sec. 17. (a) A utility or regulating authority may not: (1) impose a blanket grease control equipment mandate; or (2) require the: (A) installation of a specific type; (B) installation of a specific size; or (C) specific location; of a grease trap or grease interceptor if a regulated entity has the properly sized and maintained grease control equipment that prevents FOG discharges exceeding the allowable concentration. (b) A regulating authority or utility may not require the following: (1) A specific type of grease control equipment. (2) The specific placement of grease control equipment on the property of a regulated entity, so long as the equipment is placed outside of the utility's right-of-way of easement and upstream of a utility's system. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-18 Construction approval; grease control equipment designs

Sec. 18. (a) Before construction or a major renovation of a regulated entity, the owner of the regulated entity or the owner's agent shall submit the proposed grease control equipment design to the applicable regulating authority for review before installation. (b) Upon receiving the grease control equipment design described in subsection (a), the regulating authority shall review the proposed design and provide: (1) a written approval; (2) a written denial; or (3) modification recommendations; based on performance standards under this chapter within sixty (60) days. (c) A regulating authority shall coordinate with the appropriate: (1) building and zoning authority; (2) plumbing permit authorities; or (3) utility; to ensure the regulated entity receives consistent direction before construction. (d) A regulating authority that determines a regulated entity's proposed: (1) grease control equipment design; or (2) maintenance plan; does not meet the performance standard shall provide a written explanation to the regulated entity. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-19 Restrictions on retrofitting or replacing grease control equipment

Sec. 19. A regulating authority or utility may not require the regulated entity to retrofit or replace grease control equipment unless the regulated entity's FOG discharge exceeds the allowable concentration at least two (2) times within a thirty (30) day period. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-20 Alternative compliance

Sec. 20. A regulating authority and utility shall permit a regulated entity to comply with this chapter through alternative grease control equipment or maintenance protocols approved by the regulating authority where installation of an exterior grease interceptor is impractical due to: (1) the available space; (2) the structure; or (3) other site constraints. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-21 FOG control and maintenance program

Sec. 21. A regulating authority shall maintain a FOG control and maintenance program. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-22 Regulated entity requirements

Sec. 22. (a) A regulated entity shall do the following: (1) Install, operate, and maintain grease control equipment designed to prevent fats, oils, and grease from entering the wastewater system or a nonresidential onsite sewage system. (2) Ensure that grease control equipment is properly sized and maintained in compliance with section 13 of this chapter. (3) Maintain records that include the: (A) date of each haul; (B) volume of FOG removed; and (C) grease hauler's name. (b) A regulated entity shall maintain all records under this section for two (2) years. As added by P.L.95-2026, SEC.1.

Ind. Code § 8-1-46.1-23 Grease hauler requirements

Sec. 23. A grease hauler shall do the following: (1) Take before and after time stamped photographs of each service of a regulated entity. (2) Maintain the time stamped photographs and share the time stamped photographs with the Indiana department of environmental management and regulating authority if requested by the Indiana department of environmental management or regulating authority. (3) Maintain records showing that the total volume of FOG pumped from a regulated entity matches the total disposed of by the grease hauler. (4) Provide documentation or an invoice to a regulated entity after service is completed with the following information: (A) The date of the haul. (B) The volume of FOG removed. (C) The grease hauler's name. As added by P.L.95-2026, SEC.1.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026