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ON-SITE SEWAGE SYSTEMS
This subchapter and all ordinances supplemental or amendatory hereto shall be known as the “On-Site Sewage System Ordinance,” and may be cited as such and will be referred to herein as “this subchapter.”
(Prior Code, § 151.50) (Ord. 94-15, passed 8-1-1994; Ord. 95-12, passed 11-20-1995; Ord. 2009-03, passed 7-6-2009)
The purpose of this subchapter is to provide minimum standards for the prevention and suppression of disease and health risks associated with the use of on-site sewage systems and to otherwise promote public safety and welfare and protection of the environment.
(Prior Code, § 151.46) (Ord. 94-15, passed 8-1-1994; Ord. 95-12, passed 11-20-1995; Ord. 2009-03, passed 7-6-2009)
The Health Officer, as hereinafter defined, is hereby authorized to issue on-site sewage system permits as prescribed in 410 I.A.C. 6-8.3-53 and 6-8.3-54, installer certifications, collect on-site sewage system permits and incidental fees, perform inspections as prescribed in 410 I.A.C. 6-8.3-56, order or otherwise compel, correction of violations of this subchapter as prescribed in 410 I.A.C. 6-8.3-55, and is otherwise authorized to perform all actions necessary for the administration and enforcement of this subchapter.
(Prior Code, § 151.47) (Ord. 94-15, passed 8-1-1994; Ord. 95-12, passed 11-20-1995; Ord. 2009-03, passed 7-6-2009)
(A) The regulations of 410 I.A.C. 6-8.3, On-Site Sewage Disposal, and the Technical Specification for On-Site Sewage Disposal, 1999 Edition (Technical Specification), are hereby incorporated by reference in this subchapter and shall include any later amendments as the same published in the Indiana Register of the Indiana Administrative Code, with effective dates as fixed therein. Copies of 410 I.A.C. 6-8.3 et seq. and the Technical Specification are available and on file in the office of the County Department of Health and the County Auditor.
(B) The regulations of the State Department of Health as found in 410 I.A.C. 6-10.1, Commercial On-site Wastewater Disposal, are hereby incorporated by reference in this subchapter and shall include any later amendments to those regulations as the same are published in the Indiana Register of the Indiana Administrative Code, with effective dates as fixed therein. Copies of 410 I.A.C. 6-10.1-1 et seq. are available and on file in the office of the County Board of Health and the County Auditor.
(Prior Code, § 151.53) (Ord. 95-12, passed 11-20-1995; Ord. 2009-03, passed 7-6-2009)
In addition to or to otherwise supplement those definitions contained in 410 I.A.C. 6-8.3-1 et seq. or the Technical Specification for On-site Sewage Disposal, which are incorporated herein by reference, this subchapter shall include the following definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BEDROOM. Any room in a residence that is 45 square feet or more, contains a closet, and at least one operable window or exterior door approved for emergency egress or rescue, as required by 675 I.A.C. 14-4.1 (State Residential Building Code). A BEDROOM is a room within a dwelling that might reasonably and regularly be used as a sleeping room. A BEDROOM is none of the following: a bathroom; kitchen; closet; foyer; pantry; laundry room; furnace room; or utility room.
CERTIFIED INSTALLER. For the purposes of this subchapter, an installer who has applied for certification, passed the written proficiency examination, and paid the installer certification fee.
COMMERCIAL FACILITY. Any building or place not used exclusively as a residence. COMMERCIAL FACILITIES include, but are not limited to: an office building; a manufacturing facility; a multi-family residence (e.g., apartment, multiplex, townhouse, or condominium); a motel; a restaurant; a school facility; a church facility; a child care facility; a long-term care facility; a hospital facility; a correctional facility; a state facility; a mobile home park; a campground; and any grouping of residences served by a cluster OSS.
INSTALLER. For the purposes of this subchapter, INSTALLER shall mean any person engaged in the construction of residential or commercial OSS in the county.
IOWPA. Indiana Onsite Wastewater Professional’s Association.
LOCAL HEALTH BOARD. Local Board of Health of a local health department, as referred to in I.C. 16-20
.
LOCAL HEALTH DEPARTMENT. As defined in I.C. 16-18-2-211
, a department organized by a county or city executive with a board, a Local Health Officer, and an operational staff to provide health services to a county, city, or multiple county unit.
LOCAL HEALTH OFFICER. Local health officer of a local health department, as referred to in I.C. 16-20
. For the purpose of this subchapter,
HEALTH OFFICER means the Local Health Officer of the county.
ON-SITE SEWAGE SYSTEM (OSS). All equipment and devices necessary for proper conduction, collection, storage, treatment, and on-site disposal of sewage from a residence or commercial facility. Included within, but not limited to the scope of this definition, are: pipes; septic tanks; treatment devices; diverter devices; distribution boxes; dose tanks; effluent pumps; controls; audiovisual alarms; valves; soil absorption fields; dispersal area; surface diversions; and OSS subsurface drains. As used throughout 410 I.A.C. 6-8.3, and all documents incorporated therein, OSS means ON-SITE SEWAGE DISPOSAL SYSTEM or its plural ON-SITE SEWAGE DISPOSAL SYSTEMS.
OSS FAILURE. An OSS that exhibits one or more of the following:
(1) OSS refuses to accept sewage at the rate of design application thereby interfering with the normal use of plumbing fixtures;
(2) Effluent discharged to the OSS exceeds the loading rate of the soil, resulting in discharge of effluent to the ground surface or to surface waters; and/or
(3) Effluent discharged from the OSS causes contamination of a potable water supply, ground water, or surface water.
OSS REPAIR. The repair or replacement of any OSS component other than the replacement or expansion of a soil absorption field.
OSS REPLACEMENT. The replacement or expansion of a soil absorption field.
OSS, CLUSTER. An OSS shared by two or more residences, or two or more commercial facilities, or any combination thereof.
OSS, COMMERCIAL FACILITY. OSS for a commercial facility.
OSS, RESIDENTIAL. OSS for a residence.
OUTLET FILTER. A device designed to restrict solid matter from leaving the septic tank and to enhance effluent quality.
OWNER. Deed holder of record.
PERSON. Any individual, partnership, co-partnership, corporation, company, firm, association, society, holding company, trust, trustee, estate, school corporation, school city, school town, school district, any unit of government, or any other legal entity, its or their successors or assigns, or agent of the aforesaid.
PPOTW. Publicly or privately owned wastewater treatment plant, as defined in I.C. 13-11-2-258
.
PUBLIC WATER SUPPLY. A system which provides piped water for human consumption to at least 15 service connections for at least 25 people at least 60 days out of the year.
REGISTERED INSTALLER. An installer who is working for a certified installer and has applied for registration and passed the written proficiency examination.
REGULATED FACILITY. Facilities regulated under 410 I.A.C. 6-8.2-1 et seq. or other Indiana Administrative Code and include, but are not limited to: a school facility; a child care facility; a long-term care facility; a hospital facility; a correctional facility; a state facility; a mobile home park; and a campground.
RESIDENCE. A one-family or two-family dwelling, built as a single structure, used, or intended to be used, for permanent or seasonal human habitation for sleeping one or two families.
SANITARY VAULT PRIVY. A device, using a watertight vault, for the collection of human excrement.
TECHNICAL SPECIFICATION. Document incorporated by reference in 410 I.A.C. 6-8.2 entitled “Technical Specification for On-Site Sewage Disposal, 1999 Edition.”
(Prior Code, § 151.54) (Ord. 95-12, passed 11-20-1995; Ord. 2009-03, passed 7-6-2009)
Effective January 1, 1995, no person shall construct, install, replace, alter, or repair any part of any on-site sewage system in the county unless the person is certified by the County Health Department.
(A) An installer shall file an application for certification with the County Health Department, and keep on file at the County Health Department a current certificate of insurance, issued by a company registered in the state, evidencing the existence of a liability policy. The liability policy shall be sufficient to indemnify persons for whom faulty work may be performed.
(B) Every person engaged in the construction of OSS in the county shall be knowledgeable of all laws, rules, technical specifications, and ordinances of both the state and the county governing OSS.
(1) The applicant for certification shall demonstrate knowledge of the applicable laws, rules, technical specifications, and ordinances by passing a written proficiency examination conducted by the County Health Department before becoming certified.
(2) The examination shall be in multiple parts. The County Health Department will develop standardized examinations to test applicant knowledge of laws, rules, regulations, and ordinances of the state and county in the following areas:
(a) Part A will cover gravity OSS;
(b) Part B will cover flood dose OSS; and
(c) Part C will cover sand mound OSS, experimental, and alternative technology.
(3) The examinations shall be reviewed from time to time to determine their applicability to current laws, rules, technical specifications, and ordinances.
(4) A score of 80% or higher on each part will be considered passing. If the applicant fails to pass any part of the examination, the applicant may re-apply for installer certification no earlier than one month following the examination date. An application fee of $50 shall be paid prior to re-examination.
(5) When taking a written examination is not feasible due to language or reading difficulties, oral examination will be allowed. The questions and answers from the standardized examination will be read and recorded by a representative of the County Health Department.
(C) Upon successful completion of Part A, the applicant shall be issued a certification to install sub-surface gravity feed trickle flow systems and will pay set fees for such certification. Upon successful completion of Part B, the applicant shall be issued a certification to install flood dosed OSS and will pay set fees for such certification. Upon successful completion of Parts A, B, and C the applicant shall be issued a certification to install all types of OSS including experimental systems and will pay set fees for such certification.
(D) Such certification shall be valid for a term of one year beginning January 1, and expiring December 31, of the same year and shall be renewed annually. The certification shall bear the name and address of the certified installer and the expiration date and shall not be transferable. Certification, which is not renewed within 30 days of the expiration date, shall be considered void, and the installer shall re-apply for certification and pass the proficiency test.
(E) The installer shall possess a copy of the certification at all times when installing OSS.
(F) A certified installer may register additional installers under their certification. Additional registered installers must apply for registration with the County Health Department, pass the written proficiency examination, and maintain employment with the certified installer they are registered with.
(G) A certified installer, or one of the corresponding registered installers, shall be on the site at all times during OSS construction. A certified installer may supervise other construction workers as necessary to assist in the construction.
(H) (1) A property owner wanting to install, repair, replace, or otherwise work on the OSS serving the property owner’s dwelling and on his or her property shall be required to demonstrate knowledge of the applicable laws, rules, technical specifications, and local ordinances by taking the proficiency exam, conducted by the County Health Department.
(2) The property owner is exempt from certification fees and insurance requirements. Property owners are exempt from this requirement if making only minor repairs to their OSS. Minor repairs do not include repairs to the septic tank, distribution box, or absorption field.
(Prior Code, § 151.55) (Ord. 94-15, passed 8-1-1994; Ord. 95-12, passed 11-20-1995; Ord. 2009-03, passed 7-6-2009)
The owner shall comply with 410 I.A.C. 6-8.3-1 et seq., the Technical Specification, and all of the provisions of this subchapter for an OSS. These documents and this subchapter provide minimum requirements for OSS. Although housing subdivisions and other moderate to high-density land development may qualify for individual OSS, consideration should first be given to other sewage disposal methods. Other methods for sewage disposal include cluster OSS and sewerage systems.
(A) No person shall throw, run, drain, seep, or otherwise dispose into any of the surface waters or ground waters of the county, or cause, permit, or suffer to be thrown, run, drained, allowed to seep or otherwise disposed into such waters, any organic or inorganic matter from an on-site sewage disposal system that would cause or contribute to a health hazard or water pollution.
(B) The owner or agent shall comply with 410 I.A.C. 6-8.3-1 et seq., the Technical Specification, and the following installation requirements:
(1) Before the start of any construction at the site, the location of the soil absorption field, dispersal area, set aside area, and area designated for future expansion of the soil absorption field shall be staked out and protected from compaction by vehicles and construction equipment.
(2) Soil absorption fields shall not be constructed during periods when the soil is sufficiently wet, at the surface or at the depth of installation, to exceed its plastic limit. The plastic limit of a soil is exceeded when the soil can be rolled between the palms of the hands to produce threads one-eighth of an inch in diameter that do not break apart or crumble. Sufficient samples shall be taken to assure that the plastic limit of the soil is not exceeded throughout the soil absorption field.
(3) Special caution shall be taken to prevent compaction by vehicles and construction equipment at the site before, during, and after construction, especially during wet weather. The site includes: the area selected for placement of the soil absorption field and dispersal area, set aside area (when required); and areas designated for future expansion of the soil absorption field. Alteration of soil structure by the movement of vehicles and construction equipment may be grounds for rejection of the site.
(4) An OSS must contain a minimum of two monitoring wells at the manifold and distal ends of each subsurface drain trench and a minimum of two monitoring wells in opposing corners of the subsurface drainage system.
(5) A minimum of two soil tests are required before the issuance of any permit for construction of an OSS. Two acceptable soil tests are required in the area of the soil absorption field. Additional borings may be required to determine compliance with 410 I.A.C. 6-8.2-1 and this subchapter.
(C) Should an OSS fail, the failure shall be corrected by the owner of the property served by such OSS within 90 days or less at the discretion of the Health Officer.
(D) Whenever a public sanitary sewage system becomes available and is within 300 feet of a residence within the county, and that building is used as a dwelling or business building and is served by an on-site sewage disposal system or privy, a direct connection of the building sewer shall be made to the sanitary sewer and any septic tanks, vaults, and similar sewage disposal and treatment facilities shall be abandoned and filled in a safe and sanitary manner. The direct connection to a sanitary sewage system shall be made within 180 days of issuance of orders of connection.
(E) All septic tanks installed in the county must contain outlet filters and filter alarms.
(1) Use, sizing, installation, and service of outlet filter must be in accordance with the manufacturer’s recommendations. Outlet filters must be designed to handle the design daily flow (DDF) of the OSS.
(2) Outlet filters must be maintained by the owner or agent of the owner and must remain in service for the life of the septic tank.
(3) The outlet filter must be placed in the last septic tank for septic tanks place in series.
(4) The filter alarm must be recommended by the filter manufacturer for each type of outlet filter.
(5) Outlet filters must be placed to allow accessibility for routine maintenance without entering the tank.
(6) Service must be performed as required and no less than each time the septic tank is pumped.
(F) All distribution boxes installed in the county must have access manholes at least 12 inches in diameter extending to the ground surface. The access manhole must be fitted with a safely secured, gas- tight cover.
(G) All distribution boxes should be equipped with port levelers designed to split the effluent flow equally among all ports.
(Prior Code, § 151.56) (Ord. 94-15, passed 8-1-1994; Ord. 95-12, passed 11-20-1995; Ord. 2009-03, passed 7-6-2009)
Connection to an existing soil absorption field may be permitted if the following conditions are met.
(A) The connection will not exceed the design daily flow based on the written site evaluation report and the sizing requirements of 410 I.A.C. 6-8.3 and the Technical Specification.
(B) The existing OSS is not in failure or has not exhibited signs of OSS failure.
(C) The applicant has possession of a record of the OSS permit that shows all dimensions, and records of a final inspection conducted by the County Health Department documenting that the conditions of the OSS permit have been met.
(D) If the existing OSS shall fail, there is sufficient space for an appropriately sized and designed OSS replacement, based on a written site evaluation report and sizing requirements of 410 I.A.C. 6-8.3 and the Technical Specifications. The property owner must submit an application, soil evaluation, and system design that show sufficient space for a replacement system prior to permitting.
(E) In the event that a system enlargement is proposed, the enlargement must bring the existing system into compliance with the minimum standards of 410 I.A.C. 6-8.3, 410 I.A.C. 6-10.1, and this subchapter.
(Prior Code, § 151.57) (Ord. 2009-03, passed 7-6-2009)
An owner shall comply with the requirements for obtaining an OSS permit contained in 410 I.A.C. 6-8.3.53, 6-8.3-54, 6-8.2-32, and 6-8.2-33.
(A) The owner or agent shall obtain a written permit signed by the County Health Officer for the construction of an OSS prior to the following:
(1) The start of construction, or the placement, of a residence that will not be connected to a PPOTW at the time of initial occupancy;
(2) The start of any construction of a residential OSS repair or replacement;
(3) The start of construction of any replacement, reconstruction, or expansion of a residence which may increase the number of bedrooms; and
(4) The start of construction of any commercial facility which will not be connected to a PPOTW at the time of initial occupancy.
(B) The owner or agent shall provide an application and plan submittal for an OSS permit as required in 410 I.A.C. 6-8.3-53 and 410 I.A.C. 6-8.3-54 and the Technical Specification, Chapter 2, Sections III, IV, and V. The OSS plan shall include:
(1) A typed soil profile report, performed by a registered soil scientist, containing characteristics of the soil absorption site and a permanent fixed point from which the boring locations will be measured;
(2) A plat plan that includes:
(a) Legal description of the property;
(b) Property boundaries;
(c) Utility easements;
(d) Easements; and
(e) Required setbacks.
(3) A scale drawing of the OSS site must be submitted and must include:
(a) Property boundaries;
(b) Footprints of all structures (existing and proposed);
(c) Existing and proposed OSS components including sewer outlets;
(d) Setbacks and separation distances required herein;
(e) Identification of all existing and proposed private water supply wells within 100 feet of the OSS and 200 feet from any public water supply wells;
(f) Set-a-side area for future OSS replacement with two acceptable borings indicated;
(g) All trees and shrubs within the proposed soil absorption field which will affect construction;
(h) The location of all soil sample sites and the fixed reference point from which they were measured;
(i) All topographic features affecting the soil absorption field including:
1. Position (upland, terrace, or floodplain);
2. Percent slope, slope shape, and slope aspect; and
3. Surface drainage characteristics.
(j) Type of vegetative cover at the site; and
(k) One hundred-year flood elevations as determined by the Indiana Department of Natural Resources (IDNR) and identification of all portions of the property at and below the 100-year flood elevation.
(4) Detailed plan view of the OSS soil absorption field;
(5) Detailed plan view of the OSS surface and subsurface drainage system;
(6) Detailed cross-section of the OSS soil absorption field, to scale;
(7) Invert elevations of all piping, including all inlet and outlet piping to distribution boxes and tanks; elevation of original grade at the ends of each soil absorption trench; and
(8) The County Health Department may require any OSS to be designed using a computer aided drafting program when deemed necessary.
(C) The owner or agent shall obtain a written permit from the department for the construction of a commercial facility OSS, and an alternative technology OSS for a residence, for which the authority to issue a written permit has not been delegated to the Health Officer under 410 I.A.C. 6-83-53 and 410 I.A.C. 6-8.3-54. The application to the Health Officer shall include a copy of the approval letter issued by the department that acts as a OSS construction permit and a copy of the plan submittal as required in the Technical Specification, Chapter 2, Sections IV and V.
(D) The OSS permit shall be available to regulatory authorities at the residence or commercial facility where the OSS is under construction.
(E) A residential OSS permit or commercial OSS permit shall expire upon completion of OSS construction or within two years after issuance, whichever comes first, as required in 410 I.A.C. 6-83-53 and 410 I.A.C. 6-8.3-54, whichever is applicable. A residential OSS permit may be renewed up to two times if the owner or agent applies for renewal prior to permit expiration. When an OSS permit has expired, construction on the OSS and the residence or commercial facility it serves shall not commence or resume unless a new application and fee have been submitted and a new OSS permit has been obtained. The owner or agent shall comply with the conditions of the new OSS permit.
(F) An owner shall obtain a written permit signed by the County Health Officer for the use of a privy. Privies shall conform to State Department of Health Bulletin SE 11, “The Sanitary Vault Privy,” 1986 Edition, two copies of which are filed in the office of the County Auditor and County Board of Health for public inspection.
(G) Any proposed changes, alterations, or additions to an OSS plan for which a permit has already been issued shall be approved by the County Health Department prior to the implementation of the changes. A new as-built drawing reflecting the changes is required prior to final approval.
(H) The County Health Department shall issue, or deny, in writing, to the owner an OSS permit within 45 days of the receipt of a complete application and complete plan submittal.
(Prior Code, § 151.58) (Ord. 94-15, passed 8-1-1994; Ord. 95-12, passed 11-20-1995; Ord. 2009-03, passed 7-6-2009)
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