(A) Where a public sanitary sewer is not available, all persons who own, lease or occupy property in the county shall comply with the following provisions of this chapter for private on-site wastewater treatment systems.
(B) It shall be unlawful for any purposes to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the county, or in any area under the jurisdiction of said county, any human excrement or sewage.
(C) At any business building that is not intended for use as a one or two-family dwelling, that is situated within the county, and where there is installed a private on-site wastewater treatment system that is not connected to a public sewer system and no public sewer system is available, there shall be established, installed, constructed, maintained, operated and, if necessary, repaired, a private on-site wastewater treatment system that shall comply with the standards of the State Department of Health as contained in State Department of Health Bulletin S.E. 13, Rule 410 I.A.C. 6-10.1, and any amendments thereto, or such other standards as may be approved from time to time by the State Department of Health. Bulletin S.E. 13, Rule 410 IAC 6-10.1, and any amendments thereto are hereby incorporated by reference as part of this section and two copies of such bulletin shall be on file in the office of the County Auditor and the County Health Department for public inspection.
(D) Any privy situated within the county shall be of the sanitary type and shall be constructed and maintained in a clean condition, and in such a way that insects and rodents cannot enter the vault. Any privy shall be located properly so as to protect water supplies from contamination. State Department of Health Bulletin S.E. 11 any amendments thereto are incorporated by reference as a part hereof and two copies of such rule shall be on file in the office of the County Auditor and the County Health Department for public inspection.
(E) All private residential on-site wastewater treatment disposal systems shall be installed, constructed and maintained in an approved manner as from time to time is described in Rule 410 I.A.C. 6-8.3 of the State Department of Health.
(F) Per I.C. 14-21-1-26.5(b): “Except as provided in this subsection and subsections (c) and (d), a person may not disturb the ground within one hundred (100) feet of a burial ground or cemetery for the purpose of excavating or covering over the ground or erecting, altering, or repairing any structure without having a development plan approved by the department (State Department of Natural Resources Division of Historic Preservation and Archaeology) under section 25 of this chapter or in violation of a development plan approved by the department under section 25 of this chapter. The department must review the development plan as required by section 25(e) of this chapter .”
(G) The installation of any other private residential on-site wastewater treatment disposal systems not described in State Department of Health Rule 410 I.A.C. 6-8.3 of mechanical, chemical or other means shall require prior approval of both the County Health Officer and the State Department of Health.
(H) A notice to correct a defect in any private on-site wastewater treatment system or privy may be served in writing upon the owner, agent of the owner, occupant or agent of the occupant by certified mail, return receipt requested, by delivering a copy in person, or by affixing a copy to the building served by the system.
(Ord. 2005-10, passed - -2005) Penalty, see § 50.99