(A)   (1)   Except as otherwise provided in this section, from and after 3-18-1997, a direct connection to the public sewer system shall be made pursuant to this chapter for all new construction within the boundaries of the county where public sewer service is available, and each malfunction for which a repair permit becomes necessary to repair a private system within the area described above.  No further permits shall be issued for private sewage systems in the area described above after 3-18-1997.  Notwithstanding the foregoing provisions, however, repair permits may be issued and direct connections not required for malfunctions described above if the situations meet the criteria of the County Sanitarian for the issuance of repair permits.  Direct connections shall not be required for a publicly owned or nonprofit outdoor recreation facility, which is used less than 180 days per year.
      (2)   For purposes of this section, public sewer is "available" where a public sewer line:
         (a)   Passes within 400 feet of the existing or proposed structure, as the case may be; and
         (b)   Either touches the lot on which the existing or proposed structure is located or lies within a right-of-way adjacent to the lot where the structure is located.
      (3)   Upon connection to a public sewer system, any septic tank, cesspool, or similar private disposal facility, not used for back-up, shall be abandoned and filled with suitable materials.
      (4)   This chapter shall be subject to enforcement by mandatory or prohibitory injunctions and orders of abatement, and violations of this chapter shall subject the offender to criminal and/or civil liability as provided in G.S. Chapter 153A.
   (B)   Where a public sanitary sewer is not available under the provisions of this section, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
   (C)   Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the County Sanitarian.  The application for the permit shall be made on a form furnished by the county, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the County Sanitarian.
   (D)   A permit for private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Sanitarian.  The Sanitarian shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Sanitarian when the work is ready for final inspection and before any underground portions are covered.  The inspection shall be made within 48 hours of the receipt of notice by the Sanitarian.
   (E)   The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the State Department of Natural Resources and Community Development, Division of Environmental Management.  No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is not large enough to accommodate both a septic tank, its drainage field, plus a reserve drainage field.  No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
   (F)   The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the county.
   (G)   No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the County Sanitarian.
(Ord. passed 8-22-1994; Ord. passed - -; Ord. passed - -)  Penalty, see § 51.999