(A) (1) Before commencement of construction of any building or private residence where a private sewage disposal system is to be installed or where any alteration, repair, or addition to an existing private sewage disposal system is planned, the owner or agent of the owner shall first obtain a written permit to construct, signed by the county Health Officer. The application for this permit shall be made on a form provided by the county, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the county Health Officer and as required by the applicable state regulations.
(2) A permit and inspection fee as set forth in § 37.32 of this code shall be paid to the Health Officer 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.
(3) 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 private sewage disposal system application for permit has been issued shall automatically void the permit for that property; provided, however, the transfer of owner- ship that occurs as a part of a contractual agreement between the builder and/or 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(C) When a permit has expired or has been revoked, the work on the private sewage disposal system shall not commence or resume unless a new application and fee have been submitted and a new permit has been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 a private sewage disposal system shall not be considered complete until the installation is finished to the satisfaction of the county 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 county 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 by the county 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 be met.
(G) The county Health Officer or his or her 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 a private sewage disposal system shall not be construed as approval of pre-existing portions of the system nor acknowledgment that the system meets all requirements of the county or the state Department of Health. The Health Officer does recognize that a number of older private sewage disposal systems in the county cannot meet current requirements due to site or system limitations and that proposals 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) (1) The local Board of Health may revoke a permit which had been issued for construction of a residential sewage disposal system if it finds that the owner of the permit has failed to comply with this rule.
(2) Upon giving notice of this 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 et seq., the Administrative Procedure and Orders Act.
(Ord. 1996-22, passed 12-9-95)
Statutory reference:
Administrative orders and procedures, see I.C. 4-21.5 et seq.