(A) General.
(1) This section shall be administered by the County Health Department through the Health Officer, or his or her designee.
(2) Minimum requirements shall be specified by the State Department of Health as now provided in its Residential Sewage Disposal Systems, Rule 410 I.A.C. 6-8.3, or as the same may be hereafter changed or amended.
(B) General sewage disposal requirements.
(1) Wherever a public sanitary sewer becomes available, and is within 200 feet from the residential or business property line served by a private sewage disposal system, or privy, situated in the county, a direct connection shall be made to the said sewer.
(2) Any septic tank, seepage pits, privy pits, and similar sewage disposal and treatment facilities shall be abandoned and filled in a safe and sanitary manner, as per 410 I.A.C. 6-8.3-52.
(C) Separation distances. The following provisions shall apply in the county in terms of minimum distance in feet from the front, side, or rear lot lines (per 410 I.A.C. 6-8.3-57):
(1) Septic tank, dosing tank: ten feet;
(2) Up slope from absorption field: ten feet; and
(3) Down slope from absorption field: ten feet.
(D) Subsurface trench, on-site sewage systems. There shall be a minimum separation of ten feet, on center, between absorption field trenches, as per 410 I.A.C. 6-8.3-74, part (Q).
(E) Permits to install, registering of installers, permit, and registration fees and inspections.
(1) Before commencement of construction of any business building or private residence where a private sewage disposal system, or privy, is to be installed, or where any alterations, repair, or addition of an existing private sewage disposal system is planned, the owner, or agent of the owner, shall obtain a soil evaluation by a state-registered soil scientist, and complete the plan review form provided by the County Health Department.
(2) Site reviews will be conducted by the County Health Department to verify a written plan review before an application for a permit may be made. The application for such permit shall be made on a form provided by the County Health Department, which application shall be supplemented by any plans, specifications, and any other information deemed necessary by the Health Officer, or his or her designee.
(3) No person shall construct, install, connect, alter, or extend a private sewage disposal system within the county without first having filed a written application as set forth in division (E)(2) above, and having a written permit from the Health Officer, or his or her designee.
(4) A fee established by the County Board of Health shall be paid with each application for permits filed with the County Health Department.
(5) A separate permit shall be obtained for sewage disposal work on each dwelling.
(6) If the sewage disposal system has not been constructed, installed, altered, or extended before the rule governing its changes, the permit shall automatically expire.
(7) The Health Officer, or his or her designee, shall deny a permit if the information on the application is incomplete, inaccurate, or indicates that the provisions of this section cannot be met.
(8) The issuance of a permit does not constitute assumption by the County Health Department, or its employees, of liability for the failure of any sewage disposal system.
(9) The Health Officer, or his or her designee, shall maintain a register of all people engaged in, or intending to engage in, the installation of sewage disposal devices, or equipment, within the county.
(10) Any individual, firm, association, or corporation engaged in, or intending to engage in, the installation of sewage disposal devices, or equipment, shall make an application to the Health Officer, or his or her designee, to have his or her name placed on the register for those engaged in the installation of sewage disposal devices, or equipment. The applicant shall submit an application fee established by the County Board of Health per the calendar year, or part thereof. The application form shall contain the name and address of the person making the application, and the address of the firm, or place of business, he or she is associated with, and such information as the Health Officer, or his or her designee, determines will reasonably aid in the administration and enforcement of this section.
(11) Upon recommendation of the Health Officer, or his or her designee, the Board may remove the name of any individual, partnership, firm, association, or corporation from the register, or persons engaged in the installation of sewage disposal devices, or equipment, who have demonstrated inability, or unwillingness, to comply with the regulations. Such person may have his or her name reinstated on the register of persons engaged in the installation of sewage disposal devices, or equipment, by the Board of Health after satisfactory demonstration of ability, or willingness, to comply with the regulations.
(12) All fees collected under the terms of this section shall be receipted monthly into the county treasury and credited to the County Health Fund for services rendered in enforcing this section.
(13) The provisions of the permit for the construction of a private sewage disposal system, or privy, shall not be considered fulfilled until the installation is completed to the satisfaction of the Health Officer, or his or her designee. The permitee shall notify the Health Officer, or his or her designee, at least two working days prior to completion of the system for final backfill inspection. Such final inspection is required before any underground portions are covered.
(14) The Health Officer, or his or her designee, shall be permitted to enter upon all properties for purposes of inspection, observation, and testing necessary to carry out the provisions of this section.
(F) Enforcement procedures.
(1) Any person found to be violating any provisions of this regulation may be served by the Health Officer, or his or her designee, with a written order stating the nature of the violation and providing a time limit for satisfactory correction thereof.
(2) After receiving an order, in writing, from the Health Officer, or his or her designee, the owner, agent of the owner, the occupant, or agent of the occupant, of the property shall comply with the provisions of this section as set forth in said order, and within the time limit included therein.
(3) Said order shall be served on the owner, or agent of the owner, or the occupant, or the agent of the occupant, but may be served on any person who, by contact with the owner, has assumed the duty of complying with the provisions of an order.
(G) Appeals procedure.
(1) If an applicant is refused a permit, the Health Officer shall, upon request, afford the applicant a fair hearing in accordance with the provisions of I.C. 4-21.5-3.
(2) The Health Officer may, after reasonable notice and opportunity for a fair hearing, in accordance with the provisions of I.C. 4-21.5-3, revoke a permit if he or she finds that the holder of the permit has failed to comply with any provision of this section.
(Ord. 2018-1, passed 4-16-2018) Penalty, see § 50.99