An OSDS permit may be denied, modified, or revoked in accordance with the provisions of 410 IAC 6-8.2-52, 54, and 55.
(A) After review of an application and plan submittal, the Boone County Health Department may deny a permit for an OSDS for which it has authority. The reasons for denial include, but are not limited to, any of the following, or combination thereof:
(1) The OSDS plan submittal does not address the demands and limitations of the OSDS site.
(2) The owner failed to demonstrate that the proposed OSDS can be designed, located, constructed, maintained, and operated in compliance with 410 IAC 6-8.2 et seq. and all of the provisions of this subchapter.
(3) False information was submitted in the application.
(4) Information submitted in the written site evaluation report, plot plan or OSDS plan is found to be incomplete or erroneous.
(5) The owner failed to respond to a request for a revised plan submittal or for additional information within 30 days.
(B) If an application is denied, the owner shall be advised, in writing, of the basis for the denial, the right and procedure for appeal, the deadline for appeal, and the opportunity for a fair hearing.
(C) The Boone County Health Department may modify or revoke a permit that it has issued. The reasons for modification or revocation include, but are not limited to, any of the following:
(1) The soil absorption field site has been disturbed or altered after collection of information for the written site evaluation report. Disturbance or alteration of the site includes, but is not limited to the following:
(a) The addition of fill.
(b) Cutting, scraping, or removal of soil.
(c) Compaction of the site.
(2) False information has been submitted to obtain the permit.
(3) Information submitted in the written site evaluation report, plot plan, or OSDS plan is found to be erroneous, incomplete, or deficient.
(4) Errors or omissions are discovered after the permit has been issued.
(5) The OSDS does not comply with 410 IAC 6-8.2 et seq., the provisions of this subchapter, or the conditions of the OSDS permit.
(6) The owner or owner's agent failed to notify the Boone County Health Department and the installer prior to construction of a commercial facility or residential OSDS, in order to schedule a pre-installation conference at the site.
(7) The owner or owner's agent failed to request an inspection by Boone County Health Department at least two working days before any portion of the OSDS was covered.
(D) If a permit is revoked or modified, the owner shall be advised, in writing, of the basis for the modification or revocation, the right and procedure for appeal, the deadline for appeal, and the opportunity for a fair hearing.
(E) If a permit has been revoked, the following shall occur for a new permit to be issued:
(1) The owner shall provide, as necessary, a revised site evaluation, and a revised plot plan and OSDS plan.
(2) The proposed OSDS shall comply with the requirements of 410 IAC 6-8.2 et. seq., and all of the provisions of this subchapter.
(3) If a permit is revoked, construction may not proceed on the OSDS, or the residence or commercial facility it serves, until a new permit is issued.
(Ord. 2012-04, passed 4-2-21012)