(A) Any person found to be violating any provision(s) of the chapter and/or any provision(s) of 410 I.A.C. 6-8.3 or 410 I.A.C. 6-10.1 may be served by the Department with a written order stating the nature of the violation and providing a reasonable time for its correction. Such order shall be delivered either by certified mail or personal service. Any person who shall continue any violation beyond the time limit specified in the initial order shall be served by the Department with a second written order stating the nature of the violation and providing a reasonable time for its correction. Such order shall be delivered in the same manner as the initial order. Any person who shall fail to correct the violation(s) and comply with the requirements of the second order within the time limit specified shall be referred to the attorney for the Department for appropriate legal action, including the pursuit of injunctive or other proper relief through any County Court having competent jurisdiction thereof. The Department may request the Court to assess court costs and attorney fees and/or administrative cost associated with the pursuit of legal action. Additionally any person found by a County Court to have violated any provision(s) of this chapter and/or 410 I.A.C. 6-8.3 or 410 I.A.C. 6-10.1, whichever is applicable, beyond the time limit specified in the second written order may, for the first offense, be fined not more than $100 and an additional $100 per day fine for each day that the violation continues until the day of compliance. The day of compliance shall be the day on which the Department has inspected the subject on-site sewage system and found it to be in compliance with the chapter. For the second offense, a person may be fined not more than $500 with an additional $100 per day fine for each day that the violation continues until the day of compliance.
(B) Installers found to be in violation of this chapter and/or Rule 410 I.A.C. 6-8.3 or Rule 410 I.A.C. 6-10.1 will be fined $1,000 for the first offence. The second and subsequent violations will result in an administrative hearing in front of the Health Board with additional fines up to $5,000 and possible decision of permanently not allowing the installer to install septic systems in Putnam County. Further, if the installer is IOWPA certified, a complaint will be submitted to the IOWPA Board.
(Ord. 2014-12-15A, passed 12-15-2014; Ord. 2019-12-2-1, passed 12-2-2019)