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§ 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)
§ 51.154 LICENSES.
   (A)   Application for a license to construct, install, replace, alter, modify or repair a residential sewage disposal system or commercial on-site wastewater disposal facility shall be submitted upon forms provided by the Department and shall be accompanied by the fee established by the Common Council of the City of New Albany, from time to time. The application shall disclose the type of license requested, namely, residential, commercial or combination.
   (B)   (1)   No license shall be issued by the Department unless the applicant has demonstrated a working knowledge of the laws, rules and regulation pertaining to the type of system for which a license is to be issued namely;
         (a)   Residential Rule 410 and this subchapter for a residential license;
         (b)   Commercial Rule 410, Indiana State Department of Health Bulletin S.E. 13, and this subchapter for a commercial license; or
         (c)   Residential Rule 410, Commercial Rule 410, Bulletin S.E. 13 and this subchapter for a combination license.
      (2)   Minimum required knowledge shall be demonstrated by a score of at least 82% on a standardized written proficiency examination to be administered by the Department; provided that, in the event that the reading or language skills of the applicant would preclude the use of a written examination, an oral exam may be given by the Department; and further provided that, if the applicant is not a natural person, the examination shall be administered to a designated representative who shall be an officer, partner, official or employee of the applicant.
   (C)   The following terms and conditions shall apply to a license and the issuance thereof under this section.
      (1)   A license shall expire on the anniversary of its issuance.
      (2)   If a license is continually renewed, re-examination shall not be required.
      (3)   Opportunity for re-examination shall be afforded persons failing to pass the license exam, but not more frequently than once every 30 days.
      (4)   The standardized examination may be revised by the Department, from time to time and more than one comparable version may be administered.
      (5)   A list of those persons holding a valid license under this section may be made available to the public.
      (6)   A licensee may be required by the Health Officer to attend one educational class or program annually pertaining to sewage disposal to be conducted by the Department of the Indiana State Department of Health.
   (D)   A license issued under this section may be suspended or revoked if the licensee shall be found by the Health Officer to have committed any act prohibited by § 51.149 of this subchapter, any act that might result in the denial or revocation of a construction permit issued hereunder, or violated any term or provision of this subchapter, to include Residential Rule 410, Commercial Rule 410 and Indiana State Department of Health Bulletin S.E. 13 pertaining to the system or facility for which the license was issued. Notice of suspension or revocation shall be in writing, shall specify the acts or violations committed, and shall be served upon the licensee as permitted by division (A) of § 51.155 of this subchapter.
(Ord. G-97-208, passed 11-3-1997)
§ 51.155 ORDERS OF THE HEALTH OFFICER AND BOARD.
   (A)   Any person found to be violating this subchapter to include the terms, conditions, provisions and limitations of any permit or license issued hereunder, may be served by the Health Officer with a written notice and order stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. A written notice and order under this section shall be served upon the person to whom directed by personal delivery, certified mail or otherwise as a summons may be served under the Indiana Rule of Civil Procedure.
   (B)   Any person failing to comply with the written order of the Health Officer or the Health Board issued under this section shall, by such failure, violate division (J) of § 51.149 of this subchapter, which violation shall be separate from and in addition to any violation giving rise to or prompting the issuance of the written order.
(Ord. G-97-208, passed 11-3-97)
§ 51.156 PETITION FOR REVIEW.
   (A)   (1)   Within 30 days following the date of:
         (a)   Receipt of an issued permit, notice of permit denial, notice of permit modification, or notice of permit revocation pertaining to a residential sewage disposal system;
         (b)   Issuance or denial of a site approval permit; or
         (c)   Issuance, denial or revocation of a license, or within 15 days of the receipt of an order of the Health Officer or Health Board issued pursuant to § 51.155 of this subchapter, any person aggrieved by the action may file a petition for review with the Health Board.
      (2)   A petition for review shall:
         (a)   State the name and address of the person making the request (petitioner);
         (b)   Identify the interest of the petitioner which is affected by the action complained of;
         (c)   Identify any persons whom the petitioner represents;
         (d)   State with particularity the reason(s) for the request; and
         (e)   Set forth the relief requested.
   (B)   Upon receipt of a timely petition for review, the Health Board shall, at its next scheduled regular meeting, or at an earlier special meeting to be called, conduct a hearing into the matters addressed by the petition, and shall take such action thereon, if any, as it shall deem necessary and appropriate. Upon the mutual agreement of the petitioner and the Health Board, the hearing may be conducted in accordance with the procedures set forth in I.C. 4-21.5 et seq., being the Administrative Procedures and Orders Act.
   (C)   A petition for review with respect to an issued permit, permit modification, notice of permit denial or notice of permit revocation for a commercial on-site wastewater disposal facility shall be in accordance with Commercial Rule 410.
(Ord. G-97-208, passed 11-3-1997)
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