(A) A failed residential sewage disposal system or failed commercial on-site waste water disposal facility is hereby declared to be a health hazard and nuisance.
(B) For purposes of this subchapter, a sewage disposal system or facility shall be deemed to have failed when:
(1) The system refuses to accept sewage at a rate of design application thereby interfering with the normal use of plumbing fixtures;
(2) Effluent discharge exceeds the absorptive capacity of the soil, resulting in ponding, seepage or other discharge of the effluent to the ground or surface waters; or
(3) Effluent is discharged from the system or facility causing contamination of a potable water supply, ground water or surface waters.
(C) With respect to a failed sewage disposal system, the Health Board shall issue such orders, pursuant to § 51.155 of this chapter, as it shall deem necessary and appropriate for the abatement of the resulting health hazard, subject only to the express limitations set forth in Residential Rule 410.
(Ord. G-97-208, passed 11-3-1997)