(A) Where a sanitary sewerage disposal system is not available all persons owning or leasing property shall comply with the following provisions of this subchapter for residential on-site sewage systems.
(B) It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the County of LaPorte, State of Indiana or in any area under the jurisdiction of said county, any sewage.
(C) At any commercial establishment situated within the County of LaPorte, State of Indiana, where there is installed a on-site sewage system which is not connected to a sanitary sewerage system, and no sanitary sewerage system is available, there shall be established, installed or constructed and maintained an on-site sewage system which shall comply with the standards of the Indiana State Department of Health as contained in 410-IAC 6-10 or in such other manner as approved by the Indiana State Department of Health.
(D) All residential on-site sewage systems shall be installed, constructed and maintained in an approved manner as described in 410-IAC 6-8.2 of the Indiana State Department of Health and as herein described.
(E) The installation of any other residential on-site sewage system not described in Indiana State Department of Health 410 IAC 6-8.2 of mechanical, chemical or other means may be approved by the LaPorte County Health Officer with appropriate restrictions and requirements, providing such installation complies with this subchapter.
(F) Should any defect exist or occur in any on-site sewage system which would cause said on-site sewage system or privy to fail and cause an unsanitary condition, 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 violator shall be subject to the proceedings and penalties prescribed in § 51.43 of this subchapter.
(G) Wherever a sanitary sewer is within 300 feet of the property line of the residential or commercial property, served by an on-site sewage system which is in failure, a connection shall be made to said sewer.
(H) 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 limit included therein. Said order shall be served on the owner or the owner and the occupant or on the agent of the owner but may be served on any person who, by contact with the owner, has assumed the duty of complying with the provisions of an order.
(I) The Health Officer with the Health Board’s approval may, from time to time, specify policy, procedures, or requirements regarding the issuance of or application for a permit for a private sewage disposal system. Such policy, procedures, or requirements shall have the same force and affect as if incorporated and set forth here in full. Copies of said policy, procedure or requirements shall be on file and available for review in the County Clerk’s office and the Health Department.
(J) A soil profile analysis shall be required for all new and repair residential on-site sewage systems. The soil profile analysis shall be conducted by a registered professional soil scientist with the Indiana Registry of Soil Scientists (IRSS). The soil profile information shall be recorded to a depth of five feet for new OSS and a depth of six feet for repair OSS or until layer is encountered that cannot be readily penetrated.
(Ord. 2012-01, passed 2-21-12)