(A) Revocation of approval. When the condition of a site approved for an onsite wastewater treatment system has changed after approval, any information considered in the approval of an onsite wastewater treatment system was omitted or found to be false or erroneous, or there has been a serious violation of the provisions of this chapter that would require resubmission of the plan to correct the problem(s), the Health Officer may revoke the approval of the site plan and any associated construction approval. For the purposes of this section, a serious violation of the provisions of this chapter refers to a violation or deficiency in the construction of the system that would require the resubmission of a plan to correct the problem(s).
(B) Revocation notice. Notice of revocation of approval shall be in writing, posted at the site and mailed to the owner, licensed designer, and licensed installation contractor, as applicable, by regular, certified or registered mail. The notice shall contain information as follows:
(1) A statement that any further work on the onsite wastewater treatment system is prohibited.
(2) An explanation of the reason for the revocation of approval.
(3) An outline of actions required to reinstate the approval, if determined.
(4) An explanation of rights and procedures to appeal the revocation decision.
Unless the Health Officer receives written actions or drawn plans to correct the problems that caused the issuance of the notice of intent to revoke the approval, or receives a request for a hearing within ten business days of the date of the notice, the revocation of approval shall be considered final.
(C) Hearing request. A person whose approval for an onsite wastewater treatment system has been revoked may request an administrative appeal before the Board of Health Hearings Committee, provided that the request is received in writing within ten days from receipt of the notice of intent to revoke approval.
(2) Fees. A fee for a hearing request shall be in accordance with the current fee schedule adopted by the County Board as codified in § 178.01, and shall be submitted by the person who has ben provided notice of intent to revoke their approval for an onsite wastewater treatment system with the request for hearing. If a judicial review is sought, the licensee shall pay for the cost of a transcript.
(Ord. [Bd of Health Ord., Art. V], passed 11-12-1996; Ord. [Bd of Health Ord., Art. V], passed 11-12-2013; Ord. 17-06-05, passed 6-13- 2017; Ord. 24-1005, passed 8-13-2024)