(A) All definitions included in Indiana Department of Health Rules 410 IAC 6-8.3 et. seq. and 410 IAC 6-10.1 et. seq. are hereby incorporated into this chapter.
(B) Supplementary to those definitions, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSTRUCTION, NEW.
(a) Construction of a new home or residential outbuilding where there previously was no home or outbuilding;
(b) Rebuilding or remodeling an existing home or residential outbuilding where the footprint of the new home or outbuilding extends beyond the footprint of the previous structure; or
(c) When the design daily flow of the new structure(s) exceeds what was previously at the site. Best judgment shall not be used for NEW CONSTRUCTION.
CONSTRUCTION, REPAIR/REPLACEMENT. Repair or replacement of a residential on-site sewage system for an existing home or residential outbuilding or the rebuilding or remodeling of an existing home or residential outbuilding on the same foundation as a previous home or outbuilding without an increase in the design daily flow of the project. In accordance with 410 IAC 6-8.3, the best judgment of the County Health Department may be used, when necessary and appropriate, for the repair or replacement of a failing residential on-site sewage system.
DESIGNER. An individual who designs and submits detailed on-site sewage systems construction plans to the County Health Department for review as part of a construction permit application.
DISPERSAL AREA. An area located immediately adjacent to a soil absorption field, where water, after treatment in the soil, would move unimpeded away from the soil absorption field in a divergent or linear manner, used to protect and allow the soil absorption field to accept more effluent for treatment.
HEALTH BOARD. The board appointed as specified in I.C. 16-20-2 and having jurisdiction in the county.
HEALTH DEPARTMENT. The local health department in the county having jurisdiction over the installation, construction, maintenance, reconnection, replacement, alteration, and repair of a residential on-site sewage system as specified in I.C. 16-20-1.
HEALTH OFFICER. The person appointed as specified in I.C. 16-20-2-16, or the HEALTH OFFICER’S duly authorized representative, as specified in I.C. 16-20-1-14. The HEALTH OFFICER may conduct inspections and make a decision on an enforcement action in the county.
HOLDING TANK. A septic tank(s) or a combination of septic and dosing tanks, for which the outlet of the last tank in series has been sealed off in order to prevent sewage or effluent discharge from any tank.
INSTALLER. Any individual who performs any work in furtherance of construction, installation, replacement, alteration, or repair of any residential or commercial on-site sewage system in the county.
INVOLUNTARY. A need to modify or improve a dwelling or residential outbuilding due to factors outside of the owner’s control, such as destruction by wind, fire, flood, or other natural disaster, or due to condemnation of a dwelling.
NOTICE OF VIOLATION. A written notification of an ordinance, rule, or statute violation.
ON-SITE SEWAGE SYSTEM MALFUNCTION or MALFUNCTION. A residential or commercial on-site sewage system component that is not functioning in accordance with this chapter or per manufacturers’ requirements. Residential ON-SITE SEWAGE SYSTEM MALFUNCTION does not have to meet the definition of residential on-site sewage system failure. MALFUNCTION may include, but is not limited to, one or more of the following:
(a) The backup of sewage into an upstream on-site sewage system component;
(b) The liquid level in a septic tank above the invert of the septic tank outlet;
(c) An outlet filter that is plugged sufficiently to cause backup in the septic tank;
(d) The liquid level in a dosing tank above the invert of the dosing tank inlet;
(e) The liquid level in a treatment unit above that recommended by the manufacturer;
(f) The liquid level in a distribution box consistently above the invert of the outlets or a distribution box that does not provide equal distribution;
(g) Structural failure of a septic tank, dosing tank, treatment unit, distribution box, or other required component;
(h) Electrical failure of a float or transducer, an effluent pump, alarm, or other electrical component of an on-site sewage system; or
(i) Removal of an effluent pump or a system component if that pump or component was required in the original permit.
ORDER. A County Health Department action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more specific persons. The term includes a permit (I.C. 4-21.5-1-9).
REGISTERED INDIVIDUAL. A certified individual who registers with the County Health Department.
SERVICE PROVIDER. An individual who meets the minimum requirements set by the County Health Department for providing evaluation and maintenance of an on-site sewage system under the provisions of this chapter.
SOIL BORING. An excavation made by a soil auger, probe, or similar small diameter drilling equipment used to pull multiple shallow soil cores out of the ground which are used for providing a description of soil horizons.
SOIL PIT. An excavation that is at least two feet wide and sufficiently deep and long for the soil scientist to observe and describe the undisturbed soil profile.
TEMPORARY BENCHMARK. Any object whose elevation is assumed arbitrarily and is used as a point of reference until completion of the project.
VOLUNTARY. An owner’s intentional or deliberate action to construct, modify, or improve a dwelling or residential outbuilding.
(Ord. 2023-20, passed 11-6-2023)