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(A) At any business or recreational building that is not intended for use as a one- or two-family dwelling that is situated within Greene County where there is installed a private sewage disposal 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 sewage disposal system that shall comply with the standards of the state Department of Health regulations as contained in Bulletin S.E. 13, and amendments thereto, or in such other manner as approved by the state Department of Health. Bulletin S.E. 13 is incorporated by reference as part of this section, and two copies are filed in the office of the County Auditor and the Health Department for public inspection.
(B) Any business or commercial building which is to be served by an onsite sewage disposal system shall obtain the approval for such from the state Department of Health and the Greene County Health Department.
(C) All private, one- or two-family dwelling onsite sewage disposal systems shall be installed, constructed, maintained, operated, and, if necessary, repaired in an approved manner as described in 410 I.A.C. 6-8.1, and amendments thereto, of the state Department of Health and in the regulations of the Health Department, and amendments thereto. These rules and regulations are incorporated by reference as a part of this chapter, and two copies are filed in the office of the County Auditor and Health Department for public inspection.
(D) All multiple-family dwelling units in the county are required to have each separate dwelling portion or unit served by a separate sewage disposal system.
(E) Any privy situated within Greene County shall be of the sanitary type, shall be installed, constructed, operated, and, if necessary, repaired so that insects and rodents cannot enter the vault, and shall be maintained in clean condition. Any privy shall be so located as to avoid contamination of water supplies. The installation, construction, maintenance, operation, and repair of such privies shall be as described by Bulletin S.E. 11, and amendments thereto, of the state Department of Health, with the secretion that the pit or vault shall be an approved septic tank with the outlet sealed. These rules and regulations are incorporated by reference as a part of this chapter, and two copies are filed in the office of the County Auditor and the Health Department for public inspection.
(F) Privies may not be utilized for wash, bath, kitchen, or other waste water disposal (“grey water”).
(G) The installation of any private sewage disposal system not described in state Department of Health rule 410 I.A.C. 6-8.1, Bulletin S.E. 11, Bulletin S.E. 13, and amendments thereto, or in the regulations of the Greene County Health Department, and amendments thereto, may be approved by the Greene County Board of Health. Plans and specifications for any such alternative private onsite sewage disposal system must bear the written approval of the state Department of Health. Should such experimental system cause or create any present or future public health hazard or nuisance as determined by the Health Department, a septic tank absorption field system, or other suitable system as defined, shall upon order of the Health Department be installed to replace such experimental system within 90 days after official notice to do so from the Health Department.
(H) Septic tanks shall have minimum capacity below the water line of at least 1,000 gallons.
(I) Absorption trench sizing requirements listed in 410 I.A.C. 6-8.1 will be considered minimum size requirements and will be adapted accordingly to Greene County soils.
(J) (1) Absorption fields shall not be located within 35 feet of any slope greater than 15%. A variance to this requirement may be granted by the Greene County Health Board, in its sole discretion, if the applicant:
(a) Makes the variance request in writing;
(b) Presents clear and convincing evidence that special conditions warrant such a variance; and
(c) Presents clear and convincing evidence that the variance, if granted, will present no significant risk that sewage will flow offsite, pollute groundwater, or create a health hazard.
(2) Cost of installation or maintenance will not, in and of itself, constitute a special condition justifying a variance.
(K) Perimeter drainage tile exits require rodent “varmint” guards and a construction design that protects the drainage tiles from future collapse.
(L) Low flow or volume toilets requiring less than three and one-half gallons (water conserving) must be installed in any new house or business falling under this chapter.
(M) Garbage grinders or disposers shall not be installed in a dwelling served by a private sewage disposal system unless the system contains a properly installed multiple compartment septic tank.
(N) A concrete riser shall be installed around the lid of a septic tank and brought up to ground level.
(O) Holding tanks may only be approved for installation where absorption field repairs cannot be made or on a temporary basis (as approved by the Board) pending hookup to the sanitary sewer.
(P) The Health Department, through the Health Board, shall have the right to promulgate reasonable rules and regulations for its own guidance as may be deemed necessary or desirable to protect, promote, or improve public health or to control disease, not in connection with any provision contained in this chapter, or any regulation promulgated from time to time by either the Indiana Legislature or the State Department of Health.
(Ord. 1992-1, passed 5-6-1992)
(A) It shall be unlawful for any person to place, deposit, or permit any human excrement or sewage to be deposited in an insanitary manner upon public or private property within Greene County, or in any area under the jurisdiction of Greene County.
(B) It shall be unlawful to install a private sewage disposal system in any area defined by the Indiana Department of Natural Resources as a flood plain.
(C) It shall be unlawful to construct or occupy a dwelling not served by a public or private sewage disposal system.
(D) It shall be unlawful to interfere with the Health Department in the performance of its duties.
(E) It shall be unlawful to commit undue harassment of Health Department inspectors in the performance of their duties.
(Ord. 1992-1, passed 5-6-1992)
(A) The Health Department may enter upon and inspect private or public property, at proper times, in regard to the possible presence, source, or cause of disease or any suspected violation of this chapter, or section of the state Department of Health rules 410 I.A.C. 6-8.1, 410 I.A.C. 6-10, Bulletin S.E. 11, or Bulletin S.E. 13.
(B) Any person found to be violating any provision of this chapter may be served by the Health Department with a written order stating the nature of the violation and providing a reasonable time limit for satisfactory correction thereof.
(C) After receiving an order in writing from the Health Department, the owner, the agent of the owner, the occupant, or the agent of the occupant of the property shall comply with the provisions of this chapter as set forth in such order within the time limit included therein. The order shall be served on the owner, the owner and the occupant, or the agent of the owner or occupant, but may be served on any person who by contract with the owner has assumed the duty of complying with the provisions of an order.
(Ord. 1992-1, passed 5-6-1992)
(A) Any person found to be in violation of this chapter shall immediately be subject to the penalties set forth herein and must abandon said system until all materials and procedures used in construction are
proved to meet all requirements of this chapter. Only then would a construction permit be issued. Any person found to be in violation of any other provision of this chapter shall be served by the Health Officer with a written order stating the nature of the violation and providing a time limit for satisfactory correction thereof.
(B) After receiving an order in writing from the Greene County Health Department, the owner of the property shall comply with the provisions of this chapter as set forth in the order and within the time limit specified therein. Said order shall be served on the owner or the agent of the owner but may be served on any person who, by contract with the owner, has assumed the duty of complying with the provisions of the order.
(C) Any person affected by any such order issued by the Health Officer or his or her agent may request and shall be granted a hearing on the matter before the Greene County Health Officer, provided that such person shall file in the office of the Health Officer within ten days after service of the order, a written petition requesting such hearing and setting forth a brief statement of the grounds thereof. Upon receipt of the petition, the Health Officer shall arrange a time and a place for the hearing and shall give the petitioner written notice thereof. The hearing shall be held as soon as practicable after the receipt of the written request. At the hearing the petitioner shall be given an opportunity be heard and to show cause why the order should not be obeyed.
(D) Depending upon the findings at the hearing, the Health Officer will sustain, modify, or withdraw the order. Notification of that decision will include a time limit for the correction of the problem.
(Ord. 1992-1, passed 5-6-1992)
(A) A person who violates any provision of this chapter commits an ordinance violation, which:
(1) For the first violation, is a class C ordinance violation, which carries a fine of up to $500; and
(2) For the second and any subsequent violation, is a class B ordinance violation, which carries a fine of $500 to $1,000.
(B) Each day after the expiration of the time limit for abating insanitary conditions or completing improvements to abate such conditions as ordered by the Health Department, shall constitute a distinct and separate violation.
(C) In addition to the penalties described above, the Department may seek injunctive relief and all the remedies available in a court of equity.
(D) In addition to the penalties described above, any person who violates any provision of this chapter shall be liable for the costs of litigation, including, but not limited to, attorney fees, deposition fees, the costs of expert witnesses, lab testing expenses, and court costs.
(Ord. 1992-1, passed 5-6-1992)