HB 1348

           Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
    HOUSE ENROLLED ACT No. 1348
    AN ACT to amend the Indiana Code concerning utilities.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 8-1-46.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
   Chapter 46.1. Grease Control
   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).
   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.
   Sec. 3. As used in this chapter, "grease control equipment"
refers to the necessary combination of:
     (1) grease interceptors; and
     (2) grease traps;
HEA 1348 — Concur
                                 2
to prevent fats, oils, grease, and food solids from being discharged
into a sewer system.
   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.
   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.
   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.
   Sec. 7. As used in this chapter, "nonresidential onsite sewage
system" has the meaning set forth in IC 16-19-3.5-3.5.
   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.
   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).
HEA 1348 — Concur
                                  3
   Sec. 10. As used in this chapter, "regulating authority" means
an entity that receives wastewater from a regulated entity.
   Sec. 11. As used in this chapter, "sewer system" has the meaning
set forth in IC 36-9-22.5-3.
   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.
   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.
   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
HEA 1348 — Concur
                                 4
      (4) sizing formulas adopted by the 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.
    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.
    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.
    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;
HEA 1348 — Concur
                                 5
     (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.
   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.
   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.
   Sec. 21. A regulating authority shall maintain a FOG control
and maintenance program.
   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.
HEA 1348 — Concur
                                 6
   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.
   SECTION 2. IC 13-11-2-242, AS AMENDED BY P.L.19-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 242. "Unit", for purposes of:
      (1) section 148(c) of this chapter;
      (2) IC 13-18-12-7.5;
      (2) (3) IC 13-20-17.5;
      (3) (4) IC 13-20-20;
      (4) (5) IC 13-21-14-3; and
      (5) (6) IC 13-23;
has the meaning set forth in IC 36-1-2-23.
   SECTION 3. IC 13-18-12-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7.5. (a) As used in this section,
"septage" means human excreta, wastewater, scum, sludge, and
other content introduced through incidental or accidental seepage
that is removed from domestic septic tanks, holding tanks, privies,
seepage pits, cesspools, compost toilets, or portable sanitary units.
   (b) As used in this section, "septage management vehicle"
means a vehicle that is:
      (1) used for:
         (A) the removal of septage from holding tanks or sewage
         disposal systems; and
         (B) the transportation of the septage to wastewater
         treatment plants or other facilities for treatment,
         temporary storage, or disposal; and
      (2) subject to regulation under this chapter and 327 IAC 7.1.
HEA 1348 — Concur
                                 7
   (c) A wastewater treatment plant that has allowed for the
disposal of septage on or after January 1, 2023, shall continue to
allow for the disposal of septage that is picked up from within the
unit where the wastewater treatment plant is located or a
neighboring unit to the wastewater treatment plant. However, a
wastewater treatment plant need not accept septage if the
wastewater treatment plant is not:
      (1) designed to receive;
      (2) permitted to receive; or
      (3) operationally capable of receiving;
septage in accordance with a permit approved by the department.
   (d) If a septage hauler believes that a wastewater treatment
plant is not accepting septage in violation of subsection (c), the
septage hauler may submit a written request to the department to
determine whether the wastewater treatment plant must accept
septage.
   (e) After consulting with the septage hauler and the owner of the
wastewater treatment plant, the department shall issue:
      (1) a determination; and
      (2) if applicable, an order requiring the wastewater treatment
      plant to accept septage.
   (f) A determination or order issued by the department under
this section is subject to review under IC 4-21.5.
   (g) A unit accepting septage from a septage management vehicle
may charge a fair and reasonable fee.
   (h) Nothing in this section shall be construed to require a
wastewater treatment facility to accept septage in a manner that:
      (1) conflicts with its National Pollutant Discharge Elimination
      System permit or other department issued permit;
      (2) causes or contributes to a treatment process upset or
      permit violation; or
      (3) necessitates capital improvements or operational changes
      without full cost recovery.
HEA 1348 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:  Time:
HEA 1348 — Concur