(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by the Common Council of New Albany, Indiana, which is inconsistent or in conflict with this subchapter is hereby repealed.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)