(A) Before commencement of construction of any building or private residence where an on-site sewage system is to be installed or where any alteration, repair or addition of an existing on-site sewage system is planned, the owner or agent of the owner shall first obtain a written “permit to construct” signed by the Health Officer. The application for such permit shall be made on a form provided by LaPorte County, which applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Health Officer and as required by the applicable state regulations. A permit and inspection fee as set forth in the Health Department Fee Schedule ordinance shall be paid to the Health Department at the time the “permit to construct” is issued. Fees collected shall be accounted for and transferred to the Health Fund of the taxing unit. The “permit to construct” shall be valid for a period of one year from the date of issuance.
(B) Permit fees are not refundable. Transfer of ownership of the real estate for which a on-site sewage system application for permit has been issued shall automatically void the permit for that property; provided, however, the transfer of ownership that occurs as a part of a contractual agreement between builder and/r developer and the buyer shall not void the permit if all other conditions of the permit remain the same.
(C) When a permit has expired or has been revoked, the work on the on-site sewage system shall not commence or resume unless a new application and fee have been submitted and a new permit has been obtained.
(D) A permit for an on-site sewage system shall not be considered complete until the installation is finished to the satisfaction of the Health Officer and confirmed by the signature of the Health Officer affixed to the permit. He or she, or his or her agent, shall be allowed to inspect the work at any stage of construction; and in every event, the applicant for the permit shall notify the Health Officer when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within two working days of the receipt of notice to the Health Officer.
(E) The “permit to construct” shall be readily available at the construction site.
(F) Any permit shall become null and void should any or further requirements of the “permit to construct,” as determined by the Health Officer, not been met.
(G) The Health Officer or his agent bearing proper credentials and identification shall be permitted to enter upon all properties at the proper time for the purposes of inspection, observation, measurement, sampling and testing necessary to carry out the provisions of this subchapter.
(H) The issuance of a permit to repair an on-site sewage system shall not be construed as approval of pre-existing portions of the system nor acknowledge that the system meets all requirements of the county or the Indiana State Department of Health. The Health Officer does recognize that a number of older on-site sewage systems in the county cannot meet current requirements due to site or system limitations and that proposal for repair must make the best use of the available space and system and must meet acceptable standards in the interests of public health.
(I) If an applicant is refused a permit, the local board of health shall, upon request, afford the applicants the opportunity for a fair hearing. The parties involved may agree to use the procedures set forth in I.C. 4-21.5, the Administrative Procedure and Orders act.
(J) The local board of health may revoke a permit which had been issued for construction of an on-site sewage system if it finds that the owner of the permit has failed to comply with this rule. Upon such notice the local board shall, upon request, afford the applicant the opportunity for a fair hearing. The parties involved may agree to use the procedures set forth in I.C. 4-21.5, the Administrative Procedure and Orders Act.
(Ord. 2012-01, passed 2-21-12)