(A) Where a public sanitary sewer is not available, all persons who own or lease property in built-up areas, shall comply with the following provisions of this subchapter for private sewage disposal systems.
(B) It shall be unlawful for any purpose to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the county, or in any area under the jurisdiction of said county, any human excrement or sewage.
(C) At any business building situated within the county, where there is installed a sewage disposal system which is not connected to a public sewer system, and no public sewer system is available, there shall be established, installed, constructed and maintained, a private sewage disposal system. Said system shall either be a septic tank system, which shall comply with the standards of the State Board of Health, as contained in regulation Rule 410 I.A.C. 6-8 of the State Board of Health, or in such other manner as approved by the State Board of Health, or be an aeration disposal system in which the effluent from any individual home treatment facility should be handled on the property and not discharged to storm sewers, lakes, water courses or roadside ditches. The aeration-type systems effluent will be disposed of through the use of an absorption field with no outlet. The absorption field will be the same as a conventional septic system. Regulation Rule 410 I.A.C. 6-8 is hereby incorporated by reference as part of this section and two copies are filed in the offices of the County Auditor and County Health Officer for public inspection.
(D) Any privy situated within the county shall be of the sanitary type and shall be constructed and maintained in a clean condition, and in such a way that insects and rodents cannot enter the vault. Any privy shall be located properly so as to protect water supplies from contamination.
(E) All private residential sewage disposal systems, with the exception of privies, shall be of the septic tank variety, and comply with all requirements of the State Board of Health, as per regulation rule 410 I.A.C. 6-8, or in such other manner as approved by the State Board of Health. State Board of Health regulation rule 410 I.A.C. 6-8, is hereby incorporated by reference as part of this section and two copies are filed in the offices of the County Auditor and County Health Officer for public inspection.
(F) If an aeration disposal system is installed, it shall be inspected and serviced annually to ensure proper functioning. Responsibility for such inspection, by qualified personnel shall be on the land owner and user of said system. Proof of annual inspection shall be provided to the County Health Department upon request.
(G) The installation of any other private residential sewage disposal system may be approved by the County Board of Health, after the Board of Commissioners has filed the requirements, plans and specifications thereof with the offices of the County Auditor and the County Health Office. Said requirements, plans and specifications must bear the written approval of the State Board of Health.
(H) Should any defect exist or occur in any private sewage disposal system or privy which would cause said sewage disposal system or privy to fail to meet the requirements of divisions (C), (D) and (E) above and thereby cause an unsanitary health condition to exist, the defect shall be corrected immediately by the owner or agent of the owner, occupant or agent of the occupant. Failure to do so shall be a violation of this subchapter and the state health statutes upon which it is based, and the violation shall be subject to enforcement proceedings.
(I) (1) Whenever a publicly owned and properly authorized sewage system becomes available within 300 feet of a dwelling or other building then served by a private or residential sewage disposal system, the owner of such dwelling or building shall directly connect the same to such publicly owned sanitary sewage disposal system and abandon the private or residential sewage disposal system in accordance with existing ordinances and requirements, unless:
(a) Within 30 days of the date the owner of the property received an order to connect to the publicly owned sanitary sewage system from the County Board of Health, the owner provides written documentation to the publicly owned sanitary sewage system and the County Board of Health that the owner’s private or residential sewage disposal system is less than three years of age. The owner must have received a permit for the installation of the private or residential sewage disposal system. The three years is calculated from the date of issuance of the permit. After the expiration of three years, the owner is subject to the provisions of this subchapter and any amendments thereto;
(b) Within 30 days of the date the owner of the property received an order to connect to the publicly owned sanitary sewage system from the County Board of Health, the owner files a written request for an inspection with the County Board of Health, together with payment of the inspection fee, as set by the Board and/or Council from time to time; and
(c) After inspection by the County Board of Health, or its designee, the County Board of Health determines:
1. The private or residential sewage disposal system meets the requirements of all applicable state and local statutes, ordinances and regulations; or
2. The private or residential sewage disposal system does not meet the requirements of all state and local statutes, ordinances and regulations, but the private or residential sewage disposal system may by repair or modification be made to meet all state and local statutes, ordinances and regulations.
(2) (a) If the County Board of Health makes the determination described in division (I)(1)(c)2. above, the owner of the property must:
1. Repair or modify the private or residential sewage disposal system to meet all state and local statutes, ordinances and regulations; or
2. Abandon the non-conforming private or residential sewage disposal system in accordance with existing ordinances and requirements.
(b) In no event shall the homeowner or property owner be required to directly connect their dwelling or building to the publicly owned sanitary sewage disposal system in the event that cost of connection of such system exceeds the cost to repair or replace a private or residential sewage disposal system by more than 125% of the cost estimated by the County Board of Health for installing or repairing a private or residential sewage disposal system. Cost of connection to the publicly owned sanitary sewage disposal system shall include, but not be limited to, costs associated with trenching, materials, labor, pumps and electrical modifications to the existing dwelling or building.
(3) Subsequent inspections of sanitary sewage systems may be conducted as permitted under state law and this chapter. Should the system fail subsequent inspections, the homeowner has the same rights as set forth in division (I)(2) above.
(4) The County Board of Health shall have authority to set reasonable fees for inspections.
(J) Whenever a new business building, residential building or subdivision is developed in an area where a public sewer is available, a connection shall be made to such sewer.
(K) After receiving an order in writing from the County Board of Health or the duly appointed Health Officer, the owner, agent of the owner, the occupant or agent of the occupant of the property shall comply with the provisions of this subchapter as set forth in said order and within the time included therein. Said order shall be served on the owner or the agent of the owner, or on the occupant or agent of the occupant.
(L) A temporary sewage holding tank is an alternative method of sewage disposal subject to the written approval of the commissioner required in division (L)(3) below.
(1) A temporary sewage holding tank shall not be used as a primary means of residential sewage disposal except where necessary to prevent continued discharge of wastewater from a failed existing system.
(2) A temporary sewage holding tank may be used as follows:
(a) As a temporary storage facility for no more than six months where occupancy of the home must continue while the system is being renovated;
(b) Where such facility is owned and operated temporarily by a conservancy district, sewer district, private utility or municipality as a part of its sewage disposal plan or for no more than one year while connection to sanitary sewer is being secured; and
(c) Proof of pumping the temporary sewage holding tank must be filed at the County Health Department in form of a paid receipt.
(3) If any conditions preclude the installation of a residential sewage disposal system as described in this rule, the Board of Health may not approve the use of any other alternative residential sewage disposal system without the express written approval of the commissioner.
(4) There will be a charge, as set by the Board and/or Council from time to time, for each and every violation issued by the County Health Department under Rule 410 I.A.C. 6-8.1-31(e) through (f) temporary sewage holding tank. This excludes any commercial or industrial use.
(5) Fees shall be as follows:
(a) New installation septic permit: a fee as set by the Board and/or Council from time to time;
(b) Septic system repair permit: a fee as set by the Board and/or Council from time to time;
(c) Pre-existing septic inspection: a fee as set by the Board and/or Council from time to time; and
(d) Violation of temporary sewage holding tank: a fee as set by the Board and/or Council from time to time.
(Ord. passed 3-17-1986; Ord. 99-6, passed 6-21-1999; Ord. passed 2-28-2005) Penalty, see § 52.99