(1) There is an available sanitary sewer within 300 feet of:
(a) The property line, if the property is adjacent to a body of water, including a lake, river, or reservoir;
(b) Any part of a subdivision, or land that is divided into lots, whether contiguous or subject to zoning requirements, for the purpose of sale or lease as part of a larger common plan of development or sale; or
(c) For all other properties, the improvement or structure from which the sewage or similar waste is discharged.
(2) The district has given written notice by certified mail to the property owner at the address of the property at least 90 days before a date for connection to be stated in the notice; and
(3) If the property is located outside the district's territory:
(a) The district has obtained and provided to the property owner (along with the notice required by division (A)(2)) a letter of recommenda tion from the local health department that there is a possible threat to the public's health; and
(b) If the property is also located within the extraterritorial jurisdiction of a municipal sewage works under I.C. 36-9-23 or a public sanitation department under I.C. 36-9-25, the municipal public works board or department of public sanitation has acknowledged in writing that the property is within the municipal sewage works or department of public sanitation's extraterritorial jurisdiction, but the municipal works board or department of public sanitation is unable to provide sewer service.
(4) However, a district may not require the owner of a property described in this division to connect to a municipal or non-municipal sewer system if the property is already connected to a sewer system that has received an NPDES permit and has been determined to be functioning satisfactorily.
(B) Wherever a new business building or subdivision is developed in an area where a sanitary sewer line is within 300 feet of the nearest property line, a connection shall be made to said sanitary sewer line.
(BC Ord. 2017-010, passed 9-19-17)