(A) A failed residential sewage disposal system or failed commercial on-site wastewater disposal facility is hereby declared to be a health hazard and nuisance.
(B) For purposes of this subchapter, a sewage disposal system or facility shall be deemed to have failed when:
(1) The system refuses to accept sewage at a rate of design application, thereby interfering with the normal use of plumbing fixtures;
(2) Effluent discharge exceeds the absorptive capacity of the soil, resulting in ponding, seepage, or other discharge of the effluent to the ground or surface waters; or
(3) Effluent is discharged from the system or facility causing contamination of a potable water supply, groundwater, or surface waters.
(C) With respect to a failed sewage disposal system, the Health Board shall issue orders, pursuant to § 53.101, as it shall deem necessary and appropriate for the abatement of the resulting health hazard, subject only to the express limitations set forth in Residential Rule 410.
(2005 Code, § 53.093) (Ord. 98-04, passed 2-17-1998)