(A) Where a municipal system is not available, all persons building a residence for occupancy or placing a mobile home, manufactured housing, recreational vehicle or apartments shall install a sewage disposal system that meets the minimum requirements established by the County Health Department.
(B) It shall be unlawful for any person to place, deposit or allow to run on the ground any sewage on public or private property within the county.
(C) All private residential sewage disposal systems and privies shall be installed, constructed and maintained in an approved manner and meet the minimum requirements as contained in the State Board of Health Rule 410 I.A.C. 6-8.3. Copies of said Rule 410 I.A.C. 6-8.3 are hereby incorporated by reference as part of this section and two copies are filed in the office of the County Auditor and County Health Department for public inspection.
(D) (1) In order to be considered for a private sewage disposal system, a proposed site must have room for the approved septic absorption field and an additional area, approved by the County Health Department, set aside for installation of a second septic absorption field, to be utilized as deemed necessary should the primary field become unable to service the residential needs or it is necessary to repair the primary system.
(2) A variance to the dual field requirement may be granted by the County Commissioners, in its sole discretion, if the applicant:
(a) Requests the variance in writing;
(b) Presents clear and convincing evidence to support such variance;
(c) 1. Presents clear and convincing evidence that the variance will present no significant risk that sewage will flow off-site, pollute ground water or create a health hazard; and
2. The cost of installation and maintenance will not, in and of itself, constitute a special condition justifying a variance.
(d) Individual lots in a subdivision for which plats have already been approved by the Board of Commissioners are exempt from this provision of the subchapter. However, said lots must comply with any other applicable ordinances.
(E) In order to be considered for a private sewage disposal system, the County Health Department shall order such soil testing as needed depending on the size of the proposed site, soil conditions, location of dwelling units, number, location of other proposed sites and similar considerations and if soil testing is required then the proposed site must have been inspected by a certified soil scientist and their report filed with the County Board of Health.
(BC Ord. 1991-3, passed 5-28-1991; BC Ord. 2000-3A, passed - -2000; BC Ord. 2000-3, passed 2-7-2000) Penalty, see § 52.99