§ 51.01  PRIVATE SEWAGE DISPOSAL SYSTEMS.
   (A)   Where a public sanitary or combined sewer is not available, all persons owning or leasing property on closely built-up areas shall comply with the following provisions of this subchapter for private sewage disposal systems.
   (B)   It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the county, or in any area under the jurisdiction of said county, any human excrement or sewage.
   (C)   At any business situated within the county where there is installed a sewage disposal system which is not connected to a public sewer system, and no public sewer system is available, there shall be established, installed, or constructed and maintained a private sewage disposal system, which shall comply with the standards of the State Department of Health as contained in Bulletin SE 13, or in such other manner as approved by the State Department of Health. Copies of said Bulletin SE 13 are herewith incorporated by reference as part of this subchapter, and two copies filed in the Office of the County Auditor and Health Officer for public inspection.
   (D)   Any privy situated within the county shall be of the sanitary type, and shall be constructed and maintained in a clean condition so that insects, reptiles, and animals cannot enter the vault. Any privy shall be located properly to protect water supplies from contamination.
   (E)   Every private residential disposal system and privy shall be installed, constructed, and maintained in accordance with 410 I.A.C. 6-8.3. Two copies of 410 I.A.C. 6-8.3 are on file at the County Auditor’s office for public inspection, and are incorporated by reference into this subchapter. The Health Officer may establish the minimum capacity of any septic tank to be installed in a closely built-up area, and the minimum number of square feet of any absorption field, or trench, to be constructed in a closely built-up area. The Health Officer’s ruling shall be based upon the size of the building to which the septic tank is to be attached, the size of the lot to which the absorption field or trench is to be constructed, and the percolation rate, seasonal high water table, and other soils information about that lot. No septic system shall be installed which does not conform to all the rulings of the Health Officer issued under this subchapter.
   (F)   The installation of any other private residential sewage disposal systems not described in the State Department of Health Bulletins SE 8 and 11 of mechanical, chemical, or other means may be approved by the County Health Officer after the County Board of Commissioners has filed the requirements, plans, and specifications of such device, or system, in the office of the County Auditor and County Health Officer. Said requirements, plans, and specifications must bear the written approval of the State Department of Health.
   (G)   Should any defect exist or occur in any private sewage disposal system or privy which would cause said sewage system to fail to meet the requirements in divisions (B), (C), (D), and (E) above, and cause an unsanitary condition, the defect shall be corrected immediately by the owner. Failure to do so shall be a violation of this subchapter, and the violator shall be subject to the penalties prescribed in § 51.99.
   (H)   Wherever a public combined sewer, or sanitary sewer, becomes available, and is within 200 feet of the property line of the residential or business property served by a private sewage disposal system or privy situated within the county, a direct connection shall be made to said sewer, and any septic tanks, seepage pits, outhouses, privy pits, and similar sewage disposal and treatment facilities shall be abandoned and filled in a safe and sanitary manner.
   (I)   Whenever a new business building or subdivision is developed in an area where a public combined, or sanitary, sewer is available, a connection shall be made to said sewer if such connection can be made at a cost as deemed reasonable by the Health Officer.
   (J)   After receiving an order in writing from the County Board of Health or the duly appointed Health Officer, the owner of the property shall comply with the provisions of this subchapter as set forth in said order, and within the time limit included therein. Said order shall be served on the owner.
(Ord. passed 2-7-1994)  Penalty, see § 51.99