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§ 51.146 DEFINITIONS.
   (A)   For purposes of this subchapter, the following definitions shall apply.
      COMMERCIAL FACILITY. Any structure or place intended for human occupation, use, or commerce, other than a dwelling, including such facilities as apartment buildings, campgrounds, churches, commercial establishments, condominiums, medical facilities, mobile home parks, motels, office buildings, restaurants and schools.
      COMMERCIAL ON-SITE WASTEWATER DISPOSAL FACILITY. All equipment and devices necessary for proper conduction, collection storage, treatment and on-site disposal of wastewater from other than one or two family dwellings.
      COMMERCIAL RULE 410. Indiana State Department of Health Rule 410 I.A.C. 6-10 et seq., effective as of the date of this subchapter, as thereafter amended and supplemented.
      DEPARTMENT. The Floyd County Health Department, being an agency of local government, created and acting pursuant to the provisions of I.C. 16-20 et seq., and its duly authorized employees and representatives.
      DWELLING. Any house or structure or place used or intended to be used as a place of seasonal or permanent human habitation or for sleeping for one or two families. The term RESIDENCE shall be used interchangeably with the term DWELLING.
      HEALTH BOARD. The Floyd County Board of Health duly constituted and acting pursuant to the provisions of I.C. 16-20 et seq., and its duly authorized representatives.
      HEALTH OFFICER. The Floyd County Health Officer duly appointed by the Floyd County Board of Health and acting pursuant to the provisions of I.C. 16-20 et seq., and his or her duly authorized representatives.
      OWNER. The holder of the fee simple title to a dwelling or commercial facility, or the holder of equitable title thereto in the event that the contract creating such equitable title confers exclusive possession of and the obligation to maintain the dwelling or commercial facility, or the agent of either.
      PERSON. An individual, partnership, copartnership, corporation, firm, company, association, society, holding company, trustee, school corporation, school city, school town, school district and unit of government, or any other legal entity, or their successors or assigns, or agent of the aforesaid.
      RESIDENTIAL RULE. Indiana State Department of Health Rule 410 I.A.C. 6-8.1 et seq., effective as of the date of this subchapter, as thereafter amended and supplemented.
      RESIDENTIAL SEWAGE DISPOSAL SYSTEM. All equipment and devices necessary for proper conduction, collection, storage, treatment and on-site disposal of sewage from a one- or two-family dwelling.
      SANITARY SEWAGE SYSTEM. A sewer or system of sewers which convey sewage away from the lot on which it originates to a wastewater treatment facility owned and operated by an incorporated city or town, conservancy district, regional sewer district or private utility.
      SEWAGE. All water-carried waste derived from ordinary living processes. The term WASTE WATER shall be used interchangeably with the term SEWAGE.
   (B)   The definitions set forth in this subchapter, together with those found in Residential Rule 410, Commercial Rule 410 and Indiana State Department of Health Bulletin S.E. 13, shall be used in the application, interpretation and enforcement of this subchapter, and each definition shall be deemed to apply equally to a residential sewage disposal system or commercial on-site wastewater disposal facility, unless the application of a word, term or phrase only to a particular system, facility or rule is clearly indicated.
(Ord. G-97-208, passed 11-3-1997)
§ 51.147 HEALTH HAZARD DECLARED.
   (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)
§ 51.148 RIGHT ON ENTRY.
   (A)   The Health Board, the Health Officer and the duly authorized representatives of each, may enter upon public or private property at reasonable times and upon presentation of credentials to inspect facilities, equipment or records, investigate allegations, determine soil characteristics, conduct tests or collect samples for the purpose of obtaining information necessary to the issuance of a permit pursuant to this subchapter, Residential Rule 410, or Commercial Rule 410, or to determine whether any person is subject to, or in violation of this subchapter or the Rules or any permit or license issued pursuant thereto.
   (B)   Except in an emergency declared by the Health Officer or Health Board, due notice of an intent to enter a residential or commercial building shall be given.
(Ord. G-97-208, passed 11-3-1997)
§ 51.149 PROHIBITED ACTS.
   (A)   No person shall throw, run, drain, seep or otherwise dispose into any of the surface waters of Floyd County, or cause, permit or suffer to be thrown, run, drained, allowed to seep or otherwise disposed into such waters, any organic or inorganic matter from a dwelling or commercial facility or from a residential sewage disposal system or commercial on-site wastewater disposal facility that would cause or contribute to a health hazard or water pollution.
   (B)   No person shall commence or allow the construction of a dwelling, or placement of a mobile home, or the construction of a commercial facility without first having obtained a written permit for the construction of a sewage disposal system.
   (C)   No person shall commence or allow the replacement, reconstruction, expansion or remodeling of a residence which may increase the number of bedrooms without first having obtained a written permit for the addition to, replacement or alteration of the existing residential sewage disposal system.
   (D)   No person shall cause or allow a change in occupancy or use of any facility served by a commercial on-site wastewater disposal facility if such change would result in wastewater flow on the peak day in excess of the permitted capacity of the disposal facility, or if it would result in wastewater being generated of a type incompatible with absorption field disposal, without first having obtained a construction permit for appropriate modification of the subject wastewater disposal facility.
   (E)   No person shall cause or allow the construction of any outbuilding or the installation of any swimming pool, geothermal heat system, underground utility connection or underground lawn sprinkler system in association with an existing residence or commercial facility without first obtaining a site approval permit for the construction.
   (F)   No person shall construct, install, replace, alter, modify, repair or add to a residential sewage disposal system and no owner shall knowingly suffer or allow any such system to be installed, replaced, altered, modified, repaired or added to except in accordance with the duly issued construction permit, the terms and provisions of Residential Rule 410, and this subchapter.
   (G)   No person shall construct, install, replace, alter, modify, repair or add to a commercial on-site wastewater disposal facility, and no owner knowingly suffer or allow any such facility to be installed, replaced, altered, modified, repaired or added to except in accordance with the duly issued construction permit, the terms and provisions of Commercial Rule 410 and/or Indiana State Department of Health Bulletin S.E. 13, and this subchapter.
   (H)   No person shall construct or install or thereafter replace, alter, modify or repair a residential sewage disposal system without first having been issued a license pursuant to the provisions of this subchapter.
   (I)   No person shall construct or install or thereafter replace, alter, modify or repair a commercial on-site wastewater disposal facility, over which the Floyd County Health Department has jurisdiction for the issuance of a construction permit, without first having been issued a license pursuant to the provisions of this subchapter.
   (J)   No person, having received a written order from the Health Officer of the Health Board pertaining to a violation of this subchapter or the terms, provisions, conditions or limitations of any permit or license issued hereunder, shall fail or refuse to comply with the terms and provisions of the order within the time limit specified therein.
(Ord. G-97-208, passed 11-3-1997)
§ 51.150 RESIDENTIAL PERMITS.
   (A)   Applications for permits for the construction, installation, replacement, alteration, repair of or addition to, a residential sewage disposal system shall be submitted by the owner or agent of the owner upon forms provided by the Department, shall contain such information as is required by Residential Rule 410 and/or deemed necessary by the Health Officer, and shall be accompanied by the appropriate fee payable to the Department, as the fee may be established from time to time by the County Council of the City of New Albany.
   (B)   Construction permits for residential sewage disposal systems shall be issued by the Health Officer only upon a determination that the proposed system, or the alteration, repair of, or addition to an existing system, complies with the requirements, terms and provisions of Residential Rule 410, this subchapter, and the following:
      (1)   The terms and provisions of Residential Rule 410 and Indiana State Department of Health Bulletin S.E. 11 to the contrary, notwithstanding, permits for the construction or installation of permanent privies, to include sanitary vault privies, shall not be issued.
      (2)   The terms and provisions of Residential Rule 410 to the contrary, notwithstanding, no septic tank having a capacity of fewer than 1,000 gallons and no soil absorption system containing less than 400 lineal feet of pipe shall be installed.
      (3)   The Health Officer may specify in the construction permit any limitations, term or condition necessary to provide a functional, easily operated, enduring residential sewage disposal system in accordance with Residential Rule 410, or to prevent a health hazard, nuisance, surface water pollution or groundwater pollution.
      (4)   Subsurface gravity feed residential sewage disposal systems for duplex dwelling shall be separate for each dwelling unit. For design system, the absorption area shall be computed using the following formula are:
 
150g x l + no. of bedrooms and bedroom equivalents
loading rate in gpd/sq. ft.
 
      (5)   A construction permit shall expire on the last day of the thirty-sixth month following the month of permit issuance, unless the applicant has commenced the activity for which the permit was issued on or before the date of permit expiration; provided, a permit issued pursuant to this section shall be deemed amended and supplemented to include the terms, conditions and requirement of this subchapter, and any amendments thereof, effective as of the date of commencement of the activity.
   (C)   Site approval permits for the construction of any outbuilding or the installation of any swimming pool, geothermal heat system, underground utility connection or underground lawn sprinkler system shall be issued upon:
      (1)   Proper application of the owner or the agent of the owner on forms furnished by the Department;
      (2)   The payment of the fee established by the Common Council of the City of New Albany, from time to time; and
      (3)   A determination by the Health Officer that the proposed location of such construction or installation conforms with Residential Rule 410, and shall not damage the residential sewage disposal system or interfere with its proper operation.
(Ord. G-97-208, passed 11-3-1997)
§ 51.151 COMMERCIAL PERMITS.
   (A)   Application for permits for the construction, installation, replacement, alteration, repair of, or addition to, a commercial on-site wastewater disposal facility, shall be upon forms provided by the Indiana State Department of Health and shall be submitted to the state's Department as permitted and required by Commercial Rule 410. In the event that the Indiana State Department of Health shall determine that the Floyd County Health Department shall have jurisdiction over the review of the application and the issuance of a construction permit, the owner or agent of the owner will be advised by letter.
   (B)   Construction permits for commercial on-site wastewater disposal facilities over which the Department has jurisdiction shall be issued in accordance with this subchapter. Commercial Rule 410 and Indiana Department of Health Bulletin S.E. 13, provided, that references in the Rule and Bulletin to the "Board" or "State Board of Health" shall be interpreted to mean the Floyd County Board of Health and references therein to the "Commissioner" shall be interpreted to mean the Floyd County Health Officer.
(Ord. G-97-208, passed 11-3-1997)
§ 51.152 PERMIT DENIAL.
   (A)   An application for a construction permit for a residential sewage disposal system may be denied by the Health Officer for the following causes:
      (1)   Any misrepresentation made in the application;
      (2)   Failure of the owner or the agent of the owner to respond to a request for information from the Health Officer within 30 days of receiving the request;
      (3)   A sanitary sewerage system of adequate capacity is available for connection at a construction cost estimated by the Health Officer not to exceed 150% of the cost estimated by the Health Officer for installing a residential sewage disposal system; or
      (4)   Failure to show that the residential sewage disposal system can be constructed, operated, maintained, or abandoned in compliance with Residential Rule 410.
   (B)   If a permit is denied by the Health Officer, the applicant shall be given notice in writing which notice shall set forth the basis for denial and the fact that a petition for review may be filed in accordance with § 51.156 of this subchapter.
   (C)   Denial of a permit for the construction of a commercial on-site wastewater disposal facility shall be as permitted by Commercial Rule 410.
(Ord. G-97-208, passed 11-3-1997)
§ 51.153 PERMIT REVOCATION OR MODIFICATION.
   (A)   A construction permit for a residential sewage disposal system may be revoked or modified by the Health Board for any of the following causes:
      (1)   Violation of Residential Rule 410 or this subchapter:
      (2)   Violation of any limitation, term or condition contained in the construction permit: or
      (3)   Failure to disclose all facts relevant to the construction and use of the disposal system or any misrepresentation contained in the application for a construction permit.
   (B)   If a permit is modified or revoked by the Health Board, the permittee shall be given notice in writing, which notice shall set forth the basis for the modification or revocation and the fact that a petition for review may be filed in accordance with § 51.156 of this subchapter.
   (C)   A construction permit for a commercial on-site wastewater disposal system may be revoked or modified by the Health Board for a violation of this subchapter or as otherwise permitted by Commercial Rule 410.
(Ord. G-97-208, passed 11-3-1997)
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