(A) (1) Where a public sanitary or combined sewer is not available, all persons owning or leasing property in closely built-up areas shall comply with the following provisions of this chapter for private sewage disposal systems.
(2) It shall be unlawful for any person to place, deposit or permit to be deposited in an insanitary manner upon public or private property within the county, in any human excrement or sewage.
(3) At any business building situated within the county, where there is installed a sewage disposal system which is not connected to a public sewer system and no public sewer system is available, there shall be established, installed or constructed, and maintained a private sewage disposal system which shall comply with the standards of the State Board of Health as contained in Bulletin S.E. 13 of the State Board of Health or in another manner as approved by the State Board of Health. Copies of the Bulletin S.E. 13 are herewith incorporated by reference as part of this chapter and two copies are filed in the office of the County Auditor and County Health Officer for public inspection.
(4) Any privy situated within the county shall be of the sanitary type and shall be constructed and maintained in a clean condition and so that insects and rodents cannot enter the vault. Any privy shall be located properly to protect water supplies from contamination.
(5) All private residential sewage disposal systems and privies shall be installed, constructed and maintained in an approved manner as described in Bulletins S.E. 8 and 11 of the State Board of Health, copies of which are herewith incorporated by reference as a part of this chapter and two copies filed in the office of the County Auditor and County Health Office for public inspection.
(6) (a) The installation of any other private residential sewage disposal systems not described by the State Board of Health may be approved by the County Health Officer after the Board of County Commissioners has filed the requirements, plans and specifications of the device or system in the office of the Auditor and County Health Officer of the county.
(b) The requirements, plan and specifications must bear the written approval of the State Board of Health.
(7) (a) Should any defect exist or occur in any private sewage disposal system or privy which would cause the sewage disposal system or privy to fail to meet the requirements or cause an insanitary condition, the defect shall be corrected immediately by the owner or agent of the owner, occupant or agent of the occupant.
(b) Failure to do so shall be a violation of this chapter and the violator shall be subject to the penalties prescribed in this chapter.
(8) Wherever a public combined or sanitary sewer becomes available and is within 200 feet of the property line of the residential or business property served by a private sewage disposal system or privy, situated within the county, a direct connection shall be made to the sewer and any septic tanks, seepage pits, outhouses, privy pits and/or similar sewage disposal and treatment facilities shall be abandoned and filled in a safe and sanitary manner.
(9) Whenever a new business building or subdivision is developed in an area where a public combined or sanitary sewer is available, a connection shall be made to said sewer if the connection can be made a reasonable cost.
(10) 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 chapter as set forth in the order and within the time limit included therein. The 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.
(1998 Code, § 17-5-1)
(B) (1) Before commencement of construction of any building or private residence where a private sewage disposal system or privy is to be installed or where any alteration, repair or addition of an existing private sewage disposal system is planned, the owner or agent of the owner shall first obtain a written permit signed by the County Health Officer. The application for the permit shall be made on a form provided by the county which application shall be supplemented by any plans, specifications, and other information as deemed necessary by the County Health Officer. A permit and inspection fee of $1 shall be paid to the County Treasurer at the time the application is filed.
(2) A permit for a private sewage disposal system or privy shall not become effective until the installation is completed to the satisfaction of the County Health Officer. He or she, or his or her agent, shall be allowed to inspect the work at any stage of construction and, in any 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.
(3) The application for a permit shall be posted in a conspicuous place at or near the building where the sewage disposal system is under construction. The notice should be plainly visible from the public thoroughfare serving this building.
(1998 Code, § 17-5-2)
Penalty, see § 50.99