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This chapter regulates the construction, maintenance, and operation of private sewage disposal systems and provides penalties for violation of these regulations. In addition, the Indiana State Board of Health rule 410 I.A.C. 6-8.1 is adopted by reference.
(Ord. 1992-1, passed 5-6-1992)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE AUTHORITY. This chapter shall be administered by the Greene County Board of Health through its Health Officer and his or her authorized representatives.
BUILDING SITES. All areas, regardless of acreage, situated within Greene County, upon which are located residential, business, recreational, or other buildings.
DWELLING. Any house or place used or intended to be used as a place of seasonal or permanent human habitation or for sleeping for one or more families.
FLOOD PLAIN. That area so designated on the Federal Flood Insurance Rate Maps, those designated areas determined by the Indiana Department of Natural Resources, or those designated areas determined by the Greene County Health Department, to be within the contours defined as the 100-year flood.
HEALTH DEPARTMENT. The Greene County Health Department, which is the full time county health department and includes the Greene County Board of Health, the Greene County Health Officer, and authorized representatives of the Health Officer.
HEALTH OFFICER. The County Health Officer or his or her duly authorized representative.
HOLDING TANK. A self-contained, leak proof, watertight reservoir used for the purposes of collection and temporary storage of sewage wastes prior to proper disposal at an approved disposal facility (for example, a municipal sewage treatment plant) by a State Department of Health licensed septic tank cleaner.
MULTIPLE FAMILY DWELLING UNIT. A duplex, triples, or quadriplex. More than four separate living units are considered an apartment building and do not fall under this definition.
OWNER. That person or his or her agent reported as the legal possessor of a dwelling or property.
PERMIT. A written document issued by the Health Department authorizing a person to install, construct, maintain, alter, operate, or repair a private sewage disposal system as per an approved plan, design, and specification complying with the provisions of this chapter.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, trust, estate, or any other legal entity, its or their successors or assigns, or agents of the aforesaid.
PLANNED COMMERCIAL DEVELOPMENT. A building, structure, or grouping of buildings or structures, constructed predominately for commercial or industrial uses, located on a lot or group of contiguous lots held under single, joint, or common ownership or lease.
PLANNED UNIT DEVELOPMENT. A group of buildings constructed for residential use, including approved ancillary commercial use, located on a lot or group of contiguous lots held under single, joint, or common ownership.
PRIVATE SEWAGE DISPOSAL SYSTEM FAILURE. A system which exhibits one or more of the following:
(1) The system refuses to accept sewage at the rate of design application thereby interfering with the normal use of plumbing fixtures;
(2) The effluent discharge exceeds the absorptive capacity of the soil, resulting in ponding, seepage, or other discharge of the effluent to the ground surface or to surface waters; or
(3) The effluent is discharged from the system causing contamination of a potable water supply, ground water, or surface waters.
PUBLIC SEWER. Any conduit for sewage constructed, installed, maintained, operated, owned, or defined as such by a municipality, taxing district, or a corporation or organization possessing a Certificate of Territorial Authority issued by the Indiana Public Service Commission and established for that purpose. A system of conduits installed for the purpose of carrying surface water runoff and subsoil drainage shall not be considered a public sewer under this definition.
PRIVATE SEWAGE DISPOSAL SYSTEM. Any sewage disposal system not constructed, installed, maintained, operated, and owned by a municipality, a taxing district, or a corporation or organization possessing a Certificate of Territorial Authority issued by the Indiana Public Service Commission and established for that purpose.
RISER. A vertical port of cylindrical concrete 20 to 24 inches in diameter extending to the ground surface with a gas tight seal.
SANITARY PRIVY. A fly-tight, rodent proof privy for the disposal of body waste as presented in State Department of Health Bulletin S.E. 11, and amendments thereto, except that the pit or vault shall be an approved septic tank with the outlet sealed.
SEPTIC TANK ABSORPTION FIELD SYSTEM. Includes the sewer from the house to the septic tank, the septic tank, the septic tank effluent sewer, the pump, pump tank and related items as may be required, the distribution box(es), and the underground absorption seepage lines.
SEWAGE. The water-carried waste derived from ordinary living processes, including, but not limited to, human excrete and waste water derived from water closets, urinals, laundries, sinks, utensil washing machines, bathing facilities, or similar facilities or appliances.
SEWAGE DISPOSAL SYSTEM. Any arrangement of devices and structures used for receiving, treating, disposing, or storing of sewage.
SEWER. A pipe or conduit for conveying sewage.
SOIL INVENTORY AND EVALUATION REPORT. The written report of a soil scientist giving characteristics and qualities of the soil that affect the suitability for absorbing waste from private sewage disposal systems, including, but not limited to, soil permeability, soil loading rate, percolation rate, ground water level, depth to bedrock, flooding hazards, and slope.
SOIL LOADING RATE. The allowable rate of application of septic tank effluent to the soil expressed in gallons per day per square foot of trench bottom area.
SOIL SCIENTIST. An individual qualified, as determined by the Indiana State Department of Health, to characterize the qualities of the soil that affect the suitability for absorbing waste from private onsite sewage disposal systems and to properly prepare the appropriate SOIL INVENTORY AND EVALUATION REPORT.
(Ord. 1992-1, passed 5-6-1992)
(A) No person shall throw, run, drain, seep, or otherwise dispose of; or cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed of into any of the surface waters or ground waters of this state; or in an insanitary manner upon public or private property within Greene County; or in any area under the jurisdiction of Greene County; any organic matter that would cause or contribute to a health hazard on such property unless a permit for such disposal has been obtained from the Indiana Department of Environmental Management.
(B) At such time as a public sewer comes within 300 feet of any house, building, or structure used for human occupancy, employment, recreation, or other purpose and served by a private sewage disposal system, a direct connection to the public sewer shall be required should the existing system fail or constitute a health hazard. The system repositories shall be abandoned and filled with suitable granular material, and the house, building, or structure shall be connected to the public sanitary sewer within 90 days after the official notice to do so from the Health Department.
(C) Where a public sanitary or combined sewer is not available, all persons owning or leasing property shall comply with the provisions of this chapter for private sewage disposal systems.
(D) The design, construction, installation, location, maintenance, and operation of private sewage disposal systems shall comply with the provisions of this chapter and the standards of the Indiana State Department of Health rules 410 I.A.C. 6-8.1 and 6-10.
(E) Should any defects exist or occur in any private sewage disposal system which would cause said sewage disposal system to fail and cause an insanitary condition, the defect shall be corrected by the owner or agent of the owner, or by the occupant or agent of the occupant. Failure to comply with said correction is subject to the penalties as prescribed.
(F) If any conditions preclude the installation of a sewage disposal system as described in this chapter, the Greene County Health Department may approve the use of whatever alternative sewage disposal system is deemed appropriate, only under the provisions cited in 410 I.A.C. 6-8.1-31.
(G) No portion of the private sewage disposal system or its associated drainage system shall be constructed upon property other than that from which the sewage originates, unless easements, which grant permission for such construction and access for system maintenance, have been obtained for that property and have been legally approved and recorded by the proper authority or commission.
(H) Any dwelling which is not connected, or cannot be connected to a sanitary sewerage system, and which does not utilize a sanitary privy for its residential sewage disposal system, shall be provided with a residential sewage disposal system which includes a septic tank and a soil absorption system that has not failed.
(Ord. 1992-1, passed 5-6-1992)
(A) No person shall install or cause to be installed a private sewage disposal system or privy, or alter, repair, or add to an existing private sewage disposal system without first obtaining a permit from the Health Department.
(B) Any deviation from the original permit as approved must be authorized in advance by the Health Department. Failure to do so and/or to follow the original permit installation conditions constitutes a violation.
(C) The application for such permit shall be made on a form provided by the Health Department and shall be supplemented by any plans, specification, and other information as is deemed necessary by the Health Department.
(D) A permit and inspection fee shall be paid to the Health Department at the time the application is filed.
(E) A permit issued for a private sewage disposal system or privy shall not become valid until the installation is completed in compliance with the standards set forth in this chapter and its incorporated references, and in the proposed design of the system, which must receive preliminary approval from the Health Department, and until the permit card is signed by the Health Officer or his or her duly appointed representative.
(F) The Health Department shall be allowed to inspect the work at any stage of construction, and the applicant for the permit and/or the installer shall notify the Health Department 48 hours prior to work being ready for final inspection. The inspection and determination shall be made within two days of the receipt of notice by the Health Department and shall be completed before any underground portions of a system are covered, except in the case of extenuating circumstances as determined by the Health Department.
(G) Any installation which is covered without authorization from or inspected by the Health Department must be uncovered for a final inspection prior to approval being given for the work.
(H) The permit issued for a private sewage disposal system shall be posted in a conspicuous place at or near the building where the private sewage disposal system is under construction. The notice should be plainly visible from the public thoroughfare serving the building.
(Ord. 1992-1, passed 5-6-1992)
(A) Prior to construction of any building or private residence where a private sewage disposal system is to be installed, or prior to any replacement, reinspection, expansion, or remodeling of a residence which may increase the number of bedrooms or bedroom equivalents and any addition to, alteration of, or repair of an existing sewage disposal system, the owner or agent of the owner shall obtain a written construction permit signed by the Health Officer. The application for such a construction permit shall be made on a form provided by the Greene County Health Department which application shall contain information outlined in § 48 of the Indiana State Department of Health rule 410 I.A.C. 6-8.1, the profile analysis of all the soils in which the system is to be constructed, an any other information deemed necessary by the Health Officer. A construction permit and inspection fee shall be paid to the Greene County Health Department at the time the application is filed.
(B) The permittee shall notify the Greene County Health Department when the work is ready for final inspection, and at least 48 hours or two working days before any underground portions are covered. The provisions of the permit for the construction of a private sewage disposal system shall not be considered fulfilled until the installation is completed to the satisfaction of the Health Officer or his or her representative who will confirm that approval for the permit for usage of the system.
(C) The Health Officer or his or her agent shall be permitted to enter upon all properties at any state of construction for the purpose of inspection, observation, measurement, sampling, and testing necessary to assure compliance with the provisions of this chapter.
(Ord. 1992-1, passed 5-6-1992)
(A) Any person engaged in or intending to engage in the installation, construction, or repair of sewage disposal systems or equipment shall make an application to the Greene County Health Officer to have his or her name placed on the register of those engaged in the installation, construction, and repair of sewage disposal systems or equipment. The application form shall contain the name and address of the applicant or firm represented by the applicant, and such other information as the Greene County Health Officer may reasonably require to aid him or her in the administration and enforcement of these regulations, or to help him or her determine whether there is any reason why the Health Officer should not approve the applicant’s request to be placed on the register.
(B) Any person making application to have his or her name place on the register shall demonstrate their knowledge of all applicable portions of this code, and any and all applicable regulations related to the design, installation, construction, and repair of sewage disposal systems or equipment, and all applicable state rules and regulations. Such demonstration shall be made in the form of the successful completion of an examination covering these topics. The form and content of the examination shall be determined by the Greene County Health Officer or his or her designated representative.
(C) The Greene County Health Officer, or his or her designated representative, may remove the name of any person from the register who has demonstrated an inability or unwillingness to comply with these regulations. The Health Officer, or his or her designated representative, must first give such person written notice of his or her intention to take such action, and the reason(s) for such action. The affected person has a right to a hearing before the Health Officer, or his or her designated representative, if the person makes written request to the Health Officer within ten days of the receipt of this notice. The person may appeal an adverse decision to the Health Board by sending written notice of appeal to the Health Officer within ten days of receipt of the Health Officer’s decision. All notices whether by the Health Officer, his or her designated representative, or the affected person, must be delivered in person or sent by certified mail, return receipt requested. In all cases, a receipt must be obtained that indicates the date and to whom the notice was delivered. Once removed, such person may not engage in the installation, construction, or repair of any sewage disposal system or equipment in Greene County until such person applies to have his or her name reinstated on said register by the Health Officer, satisfactorily demonstrates his or her ability and willingness to comply with these regulations, and posts a surety bond with the Greene County Board of Health, State of Indiana, with the surety acceptable to the Board, in the penal sum of not less than $5,000 in favor of the Greene County Board of Health, conditioned upon registrant’s faithful compliance with this chapter and with rules and regulations which may from time to time be established by the Greene County Board of Health relating to the installation of sewage disposal devices or equipment.
(D) A list of the currently registered installers in Greene County will be supplied, upon request, to the applicant for an onsite sewage disposal system permit.
(E) Any person desiring to install, construct, or repair any sewage disposal system or equipment on property owned by said officer provided said person can satisfactorily pass a written open book examination covering all aspects of system or equipment installation, construction, or repair prior to the installation or repair. A fee for such activity will be collected.
(Ord. 1992-1, passed 5-6-1992)
(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)
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