(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFIDAVIT FORM. A form provided by the County Health Department that is signed by the owner, notarized, and recorded.
BOARD OF HEALTH. The County Board of Health having jurisdiction in the county.
COMMERCIAL. Any type of building other than a one- or two-family dwelling.
COMMERCIAL ON-SITE SEWAGE SYSTEM. A State Department of Health regulation that establishes standards for commercial on-site sewage disposal systems, as defined by 410 I.A.C. 6-10.1.
HEALTH OFFICER. The Health Officer having jurisdiction in the county.
HEARING. A session in which witnesses are heard and testimony is taken.
NOTICE OF VIOLATION. A written notification of a section violation.
ORDER. A written mandate a person is directed to obey.
PLOT PLAN. A graphic representation certified by an engineer, professional surveyor, or architect currently registered in the state, which identifies the topography, locations, current ground elevations, and elevations of the proposed improvements.
REPAIR INSTALLATION. The repair or replacement of any on-site sewage system component, other than the replacement or expansion of a soil absorption field.
RESIDENTIAL ON-SITE SEWAGE. A State Department of Health regulation that establishes standards for residential sewage systems, and any amendments thereto, as defined by 410 I.A.C. 6-8.3.
SOIL PROFILE ANALYSIS REPORT. A written description and interpretation of the physical and chemical properties of soil from sample sites. The written SOIL PROFILE REPORT must include a detailed soil profile description of the properties of the soil at each sample site. All sample sites must be evaluated and described in the SOIL PROFILE REPORT.
STAKED. A lathe stake, or equivalent, at each end of all proposed trenches, or the four corners of the basal area and aggregate bed for a sand mound system.
STATE DEPARTMENT OF HEALTH. The state agency having authority to regulate on-site sewage systems.
VIOLATION. A breach of law.
(B) General requirements. All residential on-site sewage systems shall be designed and installed in accordance with 410 I.A.C. 6-8.3, “Residential On-Site Sewage Systems”, except as stated below:
(1) The minimum size of a new septic tank used in all installations shall be a minimum of 1,000 gallons;
(2) An outlet filter shall be required for all installations;
(3) All subsurface drain system trenches installed shall be filled to within six inches of final grade with aggregate which meets the minimum requirements of 410 I.A.C. 6-8.3-68, washed aggregate with a gradation in the range of INDOT specifications 8-11, INDOT specification 23 sand, or equivalent, and the final six inches to final grade with cover soil material;
(4) Temporary sewage holding tanks must be watertight, and constructed of durable material such as concrete, fiberglass, or polyethylene; that is, equipped with both audible and visible alarms;
(5) All designs for commercial on-site sewage systems must have approval from the State Department of Health, prior to installation. All designs and installations must be done in accordance with 410 I.A.C. 6-10.1 “Commercial On-Site Sewage Systems” and amendments, unless specific written exemption is obtained from the State Department of Health;
(6) Whenever a public, or semi-public, sewer becomes available and is within 300 feet of the property line of a residential or commercial property served by an on-site sewage system, holding tank, or sanitary vault privy, a direct connection shall be made to said sewer, and the on-site sewage system, holding tank, or sanitary vault privy be abandoned according to 410 I.A.C. 6-8.3-90; and
(7) The on-site sewage system shall be installed by a person who is certified by the State On-Site Wastewater Professionals Association, or by a certification entity recognized by the Health Officer.
(C) Permitting.
(1) The application for an on-site sewage system permit shall be made on a form provided by the County Health Department. At all times, from the start of construction to the time of inspection, the approved plot plan and permit shall be available on site.
(2) Any deviation from the permit or approved plan must be approved by the County Health Department prior to modification. An as-built plot plan showing the actual installation details, including the unplanned modifications, will be required before final approval.
(3) All permits are valid for a period of one year after the date issued. After expiration of the permit, construction may not begin without reapplication and payment of the permit fee. This reapplication procedure may be waived by the County Health Department.
(4) The applicant shall provide the following:
(a) For a residential on-site sewage system permit:
1. A signed application for an on-site sewage system permit;
2. Two copies of the plot plan prepared by an engineer, professional surveyor, or architect currently registered in the state. The plot plan shall certify that the sewage system will comply with this section and 410 I.A.C. 6-8.3, “Residential On-Site Sewage Systems”, is properly constructed, operated, and maintained;
3. A soil profile analysis report prepared by a soil scientist consisting of at least three samples sites within the proposed soil absorption field. The samples sites must be representative of the soils within the absorption field;
4. A floor plan of the proposed dwelling;
5. Confirmation that the proposed on-site sewage system has been staked prior to the on-site plan review by the County Health Department;
6. All appropriate fees outlined in § 37.27; and
7. Any additional information deemed necessary by the Health Officer.
(b) For a residential on-site sewage system repair permit:
1. A signed application for an on-site sewage system repair permit;
2. A drawing of the proposed repair, unless waived by the County Health Department;
3. All appropriate fees as outlined in § 37.27; and
4. Any additional information deemed necessary by the Health Officer.
(c) For a commercial on-site sewage system permit:
1. A signed application for an on-site sewage system permit;
2. A soil profile analysis report prepared by a soil scientist consisting of at least three samples sites within the proposed soil absorption field;
3. An approval letter, and two copies of the approved plot plan from the State Department of Health, or the technical specification data report, with two copies of the plot plan that meets the specified requirements, prepared by an engineer or architect currently registered in the state;
4. All appropriate fees as outlined in § 37.27; and
5. Any additional information deemed necessary by the Health Officer.
(D) Approval. The Health Officer, or agent, shall be allowed to inspect the work at any stage of construction. The permittee shall notify the Health Officer, or agent, when the work is ready for final inspection, and at least two working days before any underground portions are covered. The inspection shall be made within two working days of the receipt of notice by the Health Officer, or agent. The Health Officer, or agent, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling, and testing necessary to carry out the provisions of this section, and 410 I.A.C. 6-8.3 or 410 I.A.C. 6-10.1. Final approval of the installation for an on-site sewage system or privy shall not become effective until the installation is completed to the satisfaction of the Health Officer, or agent.
(E) Permit denial.
(1) Upon denial of a valid permit application, the applicant may request a hearing with the County Board of Health. The request must be in writing and received within ten calendar days after receipt of the denial. Upon receipt of a request of a hearing, the Health Officer, or agent, shall arrange a time and place for the hearing, and shall give the petitioner written notice thereof. Such hearing shall be held as soon as practical after receipt of the request, provided that I.C. 5-14-1.5-5 (Open Door Law) is complied with. If no such request is received within ten calendar days after receipt of the denial, the denial shall stand.
(2) At such hearing, the petitioner shall be given an opportunity to be heard and to show evidence as to why the permit should be granted. Additionally, the Health Officer, or agent, shall be given time to explain why the permit was denied. At the conclusion of the hearing, the County Board of Health shall sustain, or overrule, the permit denial depending upon it findings as to compliance with the provisions of this section, 410 I.A.C. 6-8.3, “Residential On-Site Sewage Systems”, or 410 I.A.C. 6-10.1, “Commercial On-Site Sewage Systems”. If the Board of Health shall overrule the permit denial, then a permit shall be issued and signed by the Chairperson of the Board of Health.
(3) All proceedings of such hearing, including the findings and decision of the Board of Health, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the County Board of Health. In addition, all pertinent information (permit application and written correspondence) shall be included in the public record. Any person may seek relief from any decision in any court of competent jurisdiction as provided by the laws of the state.
(F) Enforcement.
(1) Whenever the Health Officer, or agent, determines there are reasonable grounds to believe that there has been a violation of this section, 410 I.A.C. 6-8.3, “Residential On-Site Sewage Systems”, or 410 I.A.C. 6-10.1, “Commercial On-Site Sewage Systems”, the Health Officer, or agent, shall give notice of such alleged violation to the person, or persons, responsible, as hereafter provided. Such notice shall:
(a) Indicate the date and location of the violation;
(b) Clearly indicate the nature of the violation and the related section citation;
(c) Allow a reasonable time for the performance of necessary remediation; and
(d) Be properly served upon the person, or persons, responsible, provided that such notice is deemed to be properly served. Proper service shall be any of the following:
1. Sent to the person directly;
2. Sent by registered mail to the last known mailing address of the person;
3. Posted in a conspicuous place in, or about, the property affected by the notice; or
4. Other method of service authorized, or required, under the laws of the state.
(2) Any person, or persons, affected by any such notice issued by the Health Officer, or agent, may request, and shall be granted, a hearing on the matter before the County Board of Health. The request shall be in writing and received within ten calendar days of receipt of the notice of violation at the office of the County Health Department.
(3) Such request shall briefly state the reasons for the requested hearing. Upon receipt of a request for a hearing, the Health Officer, or agent, shall arrange a time and a place for such hearing, and shall give the petitioner written notice thereof.
(4) Such hearing shall be held as soon as practical after receipt of request hereof, provided that I.C. 5-14-1.5-5 (Open Door Law) is complied with. Any notice served pursuant to division (E) above shall automatically become an order if a written request for a hearing is not received within ten calendar days after receipt of the notice of violation is served.
(5) At such hearing, the petitioner shall be given the opportunity to be heard and to show evidence as to why such notice of violation should be modified or withdrawn. Additionally, the Health Officer, or agent, shall be given time to explain the circumstances of the notice of violation.
(6) After such hearing, the County Board of Health shall sustain, modify, or withdraw the notice of violation, depending upon its findings as to whether the provisions of this section, 410 I.A.C. 6-8.3, “Residential On-Site Sewage Systems”, or 410 I.A.C. 6-10.1, “Commercial On-Site Sewage Systems”, have been met. If the County Board of Health sustains or modifies such notice of violation, it shall then be deemed to be an order.
(7) The proceedings at such hearing, including the findings and decision of the County Board of Health, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the County Board of Health. Such record shall also include a copy of every notice of violation, or order, issued in connection with the matter as well as any other pertinent information. Any person may seek relief thereof from any court of competent jurisdiction, as provided by the law of the state.
(8) Whenever the Health Officer, or his or her representative, find that an emergency exists which requires immediate action to protect the public health, the Health Officer may, without notice or hearing, issue an order reciting the existence of such an emergency, and require that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this section, 410 I.A.C. 6-8.3, “Residential On-Site Sewage Systems”, and 410 I.A.C. 6-10.1, “Commercial On-Site Sewage Systems”, such order shall be effective immediately.
(9) Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Health Officer, shall be afforded a hearing, as soon as possible, in the manner provided in division (E) above.
(10) After such hearing, depending upon the findings as to whether the provisions of this section, 410 I.A.C. 6-8.3, “Residential On-Site Sewage Systems”, or 410 I.A.C. 6-10.1, “Commercial On-Site Sewage Systems”, have been met, the County Board of Health shall continue such order in effect, modify it, or revoke it.
(Ord. 2013-05, passed 3-26-2013) Penalty, see § 50.99