(A) The words
PERCOLATION TEST EXCAVATION shall mean any hole in the ground which has been dug or otherwise created by human labor and skill or machines, which has an opening of more than 6 inches at its narrowest point and a depth of 3 feet or more at any point, created for the purpose of testing for individual sewer systems.
(B) It shall be unlawful for any person to cause, permit or allow any percolation test excavation to remain on his land, or land of which he has possession or control, for a period of over 15 days after percolation tests have been completed, which may be extended by the Director of the Department of Health for good cause shown. From and after such time, it shall be the duty of such person to fill such excavation with earth or similar material, or to cover the same. If covered, the entire excavation shall be covered so that there remains no opening of more than 4 inches at any one point, such cover shall be securely anchored in place and shall be strong enough to support a live weight of 300 pounds.
(C) It shall be the duty of the Division as may be designated by the County Executive to enforce this section. The results of a percolation test shall not be given to anyone who has applied for percolation test results unless the applicant certifies under penalties of perjury that all percolation test excavations have been filled or covered in accordance with subsection (B).
(D) Any person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $100 or imprisoned for not more than 6 months, or both fined and imprisoned. Each day a violation exists shall be a separate offense.
(1959 Code, § 35-4) (Ord. 78-27-125, § 1, 11-30-1978; Ord. 14-23-678, 11-13-2014)