(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