CHAPTER 51: SEWAGE DISPOSAL SYSTEMS
Section
   51.01   Title
   51.02   Purpose
   51.03   Residential and commercial on-site sewage system requirements
   51.04   System failures
   51.05   Designs, drainage, requirements, permits and inspections
 
   51.99   Penalty
§ 51.01 TITLE.
   This chapter shall be titled “On-site Sewage System Ordinance”, and may be cited as such.
(Ord. 2014-12-15A, passed 12-15-2014)
§ 51.02 PURPOSE.
   (A)   The general purpose of this chapter is to safeguard public health by assuring that residential and commercial on-site sewage systems in the county are properly permitted, installed, maintained and operated in an environmentally safe manner. This chapter shall be administered by the County Health Department (“the Department”) and failure to comply with the standards and requirements set forth herein shall be subject to the penalties provided herein. Any decision by the Department in the enforcement of this chapter may be appealed to the County Board of Health Board by any person claiming to be adversely affected by such decision.
   (B)   The specific purpose of this chapter is to incorporate changes in the law promulgated by the Indiana State Department of Health, regarding residential on-site sewage systems under 410 I.A.C. 6-8.3, effective May 9, 2014 and rules regarding commercial on-site sewage systems under 410 I.A.C. 6-10.1, effective May 17, 2014.
(Ord. 2014-12-15A, passed 12-15-2014)
§ 51.03 RESIDENTIAL AND COMMERCIAL ON-SITE SEWAGE SYSTEM REQUIREMENTS.
   (A)   All persons constructing and operating on-site sewage systems, whether as owner or lessee, shall comply with the provisions of the chapter herein and any provisions set forth in 410 I.A.C. 6-8.3 regarding residential on-site sewage systems or 410 I.A.C. 6-10.1 regarding commercial on-site sewage systems, whichever is applicable. Said rules promulgated under the Indiana Administrative Code are incorporated by reference herein.
   (B)   No person shall throw, run, drain, seep or otherwise dispose into any of the surface waters, ground waters, public or private property, or cause, permit or suffer to be thrown, run drained, allowed to seep, or otherwise dispose of any organic or inorganic matter from a commercial or residential on-site sewage system which would cause or contribute to a health hazard or water pollution.
   (C)   All dwellings, including mobile homes, that are not connected and that cannot be connected to a public sanitary sewage system shall have an on-site sewage system that includes a septic tank and a soil absorption field that has not failed as defined in 410 I.A.C. 6-8.3. All dwellings constructed after December 21, 1990 and requiring an on-site sewage system shall have an on-site sewage system built according to the standards of 410 I.A.C. 6-8.3, as applicable at the time of construction of the on-site sewage system. Repair or replacement of any on-site sewage system shall comply with the standards as set out in 410 I.A.C. 6-8.3 and the chapter. Compliance must also be met with any future amendments to any and all rules and regulations concerning on-site sewage systems which may be issued by the Indiana State Department of Health and the Department.
   (D)   All components of a private/residential on-site sewage system, including a septic tank outlet filter, shall be maintained in good working order at all times.
   (E)   The minimum size of any new on-site sewage system shall be limited to the equivalent system for a two bedroom house or a design daily flow of 300 gallons of wastewater per day.
   (F)   Septic tank outlet filters, in accordance with 410 I.A.C. 6-8.3, shall be installed and maintained in all on-site sewage systems being repaired.
   (G)   In cases where existing structures are replaced with new structures or dwellings, the property owner or his or her representative shall provide proof to the Department that there is an existing on-site sewage system in place, which meets the requirements of the chapter and 410 I.A.C. 6-8.3 or Rule 410 I.A.C. 6-10.1, whichever is applicable, prior to the issuance of a building permit from the County Planning and Building office and prior to any construction.
   (H)   All business, commercial and public buildings that are not connected and that cannot be connected to a public sewage system shall have an on-site sewage system built according to the standards of 410 I.A.C. 6-10.1 and the chapter. Compliance must also be met with any future amendments to any and all rules and regulations concerning on-site sewage systems which may be issued by the Indiana State Department of Health and the Department.
   (I)   The property owner or his or her representative shall install an end cap on the distal ends of all absorption field laterals.
   (J)   Sewage holding tanks shall only be permitted and installed under circumstances determined by the Department and then only by a special permit issued by the Department and renewed on an annual basis.
   (K)   Sanitary privies shall only be permitted and installed under circumstances determined by the Department and then only by a special permit issued by the Department and renewed on an annual basis. Sanitary privies shall conform to the Indiana State Department of Health Bulletin S.E. 11, The Sanitary Vault Privy, 1986 Edition, 410 I.A.C. 6-8.3 and the chapter.
(Ord. 2014-12-15A, passed 12-15-2014) Penalty, see § 51.99
§ 51.04 SYSTEM FAILURES.
   (A)   RESIDENTIAL ON-SITE SEWAGE SYSTEM FAILURE means a residential on-site sewage system that exhibits one or more of the following:
      (1)   The on-site sewage system refuses to accept sewage, at the rate of design application, thereby interfering with the normal use of residential plumbing fixtures;
      (2)   Effluent discharge exceeds the absorptive capacity of the soil, resulting in ponding, seepage or other discharge of the effluent to the ground surface to surface waters; and/or
      (3)   Effluent is discharged from the on-site sewage system causing contamination of a potable water supply, ground water or surface waters.
   (B)   A failed residential on-site sewage system is a health hazard.
   (C)   If a residential on-site sewage system fails, the failure shall be corrected by the owner within the time limit set by the Department.
   (D)   If any component of a residential on-site sewage system is found to be defective, malfunctioning or in need of service, the Department may require the repair, replacement or service of that component. The repair, replacement or service shall be conducted within the time limit set by the Department.
   (E)   Service includes pump and haul of the effluent within the on-site residential sewage system tank(s). When the Department requires that a tank be pumped and hauled, the owner must furnish receipts from the pump and haul company as proof of compliance.
   (F)   Any person found to be violating this rule may be served by the Department with a written order stating the nature of the violation and providing a time limit for satisfactory correction thereof.
   (G)   After receiving an order in writing from the Department, the owner of the property shall comply with the provisions of this rule as set forth in the order and within the time limit specified therein. The order shall be served on the owner or the agent of the owner via certified letter.
   (H)   Violation of this section will result in penalties as established in § 51.99.
(Ord. 2014-12-15A, passed 12-15-2014) Penalty, see § 51.99
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