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(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)
(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)
(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)
(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)
(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)
(A) Enforcement of this subchapter as against a person violating the terms and provisions of same shall be in accordance with the provisions of I.C. 34-28-5. An action to enforce this subchapter shall be brought in the name of the Health Officer or the Health Board, as appropriate, and upon proof by a preponderance of the evidence of a violation hereof, judgment shall be entered against the defendant for a sum of not less than $100 for each violation. A separate violation of this subchapter shall be deemed to occur for each day that a person shall be in violation of the terms and provisions hereof. No action under this division shall be commenced, however, with respect to a violation for which a petition for review is pending under § 51.156 hereof.
(B) In addition to the remedy set forth in division (A) of this section, an action may be brought for mandatory or injunctive relief as against any person violating the terms and provisions of this subchapter, which action shall be brought in the name of the Health Officer or Health Board, as appropriate, but only after notice of violation has been given as permitted by division (A) of § 51.155 of this subchapter. Except in an emergency expressly declared by the Health Board, no action under this division shall be commenced with respect to a violation for which a petition for review is pending under § 51.156 hereof.
(C) To the extent permitted by law and this subchapter, an action under division (A) of this section may be joined with an action under division (B), and to any judgment in favor of the Health Officer and/or Health Board shall be added costs of the action, reasonable attorney fees, and expenses incurred by the Department in the enforcement of this subchapter.
(D) In all actions under this subchapter, the Health Board and/or the Health Officer shall be represented by the attorney retained by the Health Board pursuant to I.C. 16-20-1-1.
(Ord. G-97-208, passed 11-3-1997)
(A) Unless and until Indiana State Board of Health Rule 410 I.A.C. 6-8.1 is amended to include an express provision pertaining to the proper abandonment of septic tanks, holding tanks, drywells or sanitary vault privies, any owner who shall discontinue use of a septic tank, holding tank, drywell or sanitary vault privy shall cause same to be pumped by a licensed septic tank hauler and shall either:
(1) Remove the structure from the ground; or
(2) Open and fill same with sand or clean fill in a manner approved by the Health Officer.
(B) Indiana State Board of Health Rules 410 I.A.C. 6-8.1 and 410 I.A.C. 6-10, together with Bulletin S.E. 13, as each such rule and Bulletin may be amended and supplemented from time to time, are incorporated herein by reference and made a part of this subchapter. To the extent that these rules may be found to be inconsistent with one another or with Bulletin S.E. 13 Rule I.A.C. 6-8.1 shall be deemed to apply only to residential sewage disposal systems and Rule I.A.C. 6-10 and Bulletin S.E. 13 only to commercial on-site wastewater disposal facilities. Any inconsistency between the Rules and Bulletin and this subchapter shall be resolved against this subchapter unless the inconsistent provision hereof is more restrictive than the provision of the Rules or Bulletin.
(C) Should any term or provision of this subchapter be declared by a court of competent jurisdiction to be unconstitutional or invalid, the determination shall not affect the remainder of this chapter which shall remain in full force and effect.
(D) In the interpretation and application of this subchapter, the masculine form shall mean and apply to the feminine and the singular form shall mean and apply to the plural. The title thereof and those of all sections of this subchapter shall be disregarded.
(E) Any provisions of any subchapter, rule or regulation heretofore adopted by the Common Council of New Albany, Indiana, which is inconsistent or in conflict with this subchapter is hereby repealed.
(Ord. G-97-208, passed 11-3-1997)
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