An OSS permit may be denied, modified, or revoked in accordance with the provisions of 410 I.A.C. 6-8.3-53 and 410 I.A.C. 6-8.3-54.
(A) After review of an application and plan submittal, the County Health Department may deny a permit for an OSS for which it has authority. The reasons for denial include, but are not limited to, any of the following, or combination thereof:
(1) The OSS plan submittal does not address the demands and limitations of the OSS site;
(2) The owner failed to demonstrate that the proposed OSS can be designed, located, constructed, maintained, and operated in compliance with 410 I.A.C. 6-8.3-1 et seq., the Technical Specification, 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, plat plan or OSS plan is found to be incomplete or erroneous; and/or
(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 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) The cutting, scraping, or removal of soil; and/or
(c) The compaction of the site.
(2) False information has been submitted to obtain the permit;
(3) Information submitted in the written site evaluation report, plat plan, or OSS plan is found to be erroneous;
(4) Errors or omissions are discovered after the permit has been issued;
(5) The OSS does not comply with 410 I.A.C. 6-8.3-1 et seq., the Technical Specification, the provisions of this subchapter, or the conditions of the OSS permit;
(6) The owner or agent failed to notify the Department, the County Health Department, and the design engineer or architect at least seven days prior to construction of a commercial facility OSS; and/or
(7) The owner or agent failed to request an inspection by the County Health Department at least two working days before any portion of the OSS was covered.
(D) If a permit is revoked or modified, the owner shall be advised, in writing, for the basis of 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 plat plan and OSS plan;
(2) The proposed OSS shall comply with the requirements of 410 I.A.C. 6-8.3-1 et seq., the Technical Specification, and all of the provisions of this subchapter; and
(3) If a permit is revoked, construction may not proceed on the OSS, or the residence or commercial facility it serves, until a new permit is issued.
(Prior Code, § 151.60) (Ord. 2009-03, passed 7-6-2009)