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§ 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
§ 51.05 DESIGNS, DRAINAGE, REQUIREMENTS, PERMITS AND INSPECTIONS.
   (A)   Designs.
      (1)   Before construction of any new on-site sewage system or any repair to an existing on-site sewage soil absorption system, the property owner or his or her authorized representative must meet all the requirements of the chapter herein and 410 I.A.C. 6-8.3 or 410 I.A.C. 6-10.1, whichever is applicable.
      (2)   The property owner or his or her authorized representative is required to submit a design of the proposed on-site sewage system to the Department. Such design must be drawn by a registered state professional engineer or an on-site installer who is certified by the Indiana On-Site Wastewater Professionals Association (IOWPA) in the construction of gravity flow and pressure distribution on-site sewage system. The IOWPA certified installer who draws the plans, must also install the system.
      (3)   The system design shall be based on the building type, size and the results of a soil evaluation report conducted by a professional soil scientist who is registered with the Indiana Registry of Soil Scientists (IRSS).
      (4)   The site of the sewage system and its component location must be flagged by the designer in accordance with the proposed design. Any changes to the design must be approved by the Department and reflected in the submitted plans.
      (5)   Designs for the construction of new on-site sewage systems on lots subdivided after February 21, 2011 shall include an alternate area within the lot of sufficient size for the future replacement of a soil absorption system. The area for the proposed soil absorption system and the alternate area shall be protected before and after construction of the on-site sewage system to help assure future function of the on-site sewage system. Other lots subdivided prior to February 21, 2011 which are of sufficient size shall also include an alternate area for a soil absorption system for both new construction and the repair of an existing system.
      (6)   The installer shall install speed dials on all outlet pipes in the distribution box in order to regulate the equal distribution of effluent to each absorption field lateral. The speed dials must be leveled with water before the distribution box is covered with dirt.
      (7)   No private/residential on-site sewage system shall serve more than one single structure unless the Department is supplied with data from an engineer, contractor/installer or the State Board of Health which states that the system is qualified for the additional sewage.
   (B)   Drainage requirements.
      (1)   Prior to the issuance of a permit, the site development plan and area drainage map, containing the information required herein, shall be submitted to the Department with the on-site system layout.
      (2)   The Department must inspect and approve all proposed or actual connections into any outlet. All connections into any outlet, as defined below, shall be left uncovered until approved by the Department.
      (3)   All lots requiring subsurface drainage will be connected into a working drain, (“outlet”), of one of the following types:
         (a)   Existing tile drain;
         (b)   Legal county drain;
         (c)   Natural watercourse;
         (d)   Storm sewers; or
         (e)   Existing open ditch.
      (4)   All subsurface drainage and outlets shall be in compliance with the chapter, and 410 I.A.C. 6-8.3 or 410 I.A.C. 6-10.1, whichever is applicable. If any perimeter drains are required, the Department will not issue a permit until proper easements are obtained and verified to the Department.
      (5)   Any tile in working condition which is cut through or otherwise disturbed will be reconstructed around the construction area, subject to the approval by the Department.
      (6)   Houses or mobile homes shall not be constructed in natural drainage ways unless measures satisfactory to the Department are used to bypass the water around the construction site by means of an artificial channel or a suitable outlet to prevent water from ponding around the dwelling site during the runoff periods. Detailed drawings of the diversion channel are to be included with the drainage plan.
      (7)   A surface vent or catch basin may be required, if deemed necessary by the Department.
      (8)   It shall be the responsibility of the person who is subdividing for the purpose of residential development on one or more lots, sites or parcels of land to provide an approved subsurface drainage outlet to the property line of the parcel to be used as a residential lot. For the purpose of this division (B)(8), the term SUBDIVIDING shall mean the division of any parcel of land into two or more parcels, sites or lots.
   (C)   Permits.
      (1)   A permit for all on-site sewage systems shall be obtained through the Department before the start of construction of dwelling or facility that the system will serve. Permits for commercial on-site sewage systems are subject to the approval of the State Department of Health. The permits for any on-site sewage system are subject to being revoked, until such time that installation is completed to the satisfaction of the Department. Before any underground portions are covered, the property owner or his or her authorized representative shall notify the Department at least two days prior to completion of the installation for purposes of having the Department conduct its final inspection.
      (2)   The property owner or his or her authorized representative shall obtain a permit for the construction and operation of a new on-site sewage system or for any additions to an existing on-site sewage system if the number of bedrooms to an existing dwelling is being increased, before the start of any construction or modifications. Such permits shall be issued by the Department and shall be obtained prior to the issuance of a building permit by the County Planning and Building office and prior to the beginning of any construction. Such permits will expire one year from the date issued. A one-time only renewal will be allowed provided that the property owner or his or her authorized representative pay the renewal fee as set by the County Health Department and provide reasonable cause for such renewal. This renewal will be good for six months.
      (3)   The property owner or his or her authorized representative shall obtain a permit for construction and operation of repairs to existing on-site sewage soil absorption systems before the start of the repairs to the system. The permits for such repairs will expire six months from the date issued.
      (4)   The Putnam County Health Department, per I.C. 16-41-25-1(a), has 30 days after the receipt of a completed application with payment, soil report, and septic plan drawing to issue or deny an on-site sewage system construction permit. Plans will be processed by the Health Department as they are received. Each plan will be reviewed in detail and any part of the plan that does not meet the minimum specifications of this section, Rule 410 I.A.C. 6-8.3 or Rule 410 I.A.C. 6-10.1 will be sent back to the designer for revisions. The revised plan will be reviewed ahead of new plans submitted. A permit for an on-site sewage system will not be issued until the plan has been approved and a site visit is completed.
   (D)   Inspections.
      (1)   Department representatives, bearing proper credentials and identification, shall be permitted to enter upon property for the purpose of inspection, observation, measurement, sampling and testing necessary to carry out the provisions of the chapter. All rights of entry herein granted shall, in the case of private property, be made at reasonable and proper times and with the complete knowledge and permission of the owner, which knowledge and permission shall not be unreasonably withheld. In the case of public buildings or business property, such entry shall be made only during business hours or during hours of operation.
      (2)   Department representatives shall be allowed to inspect the work at any stage of construction. If said representative finds the on-site sewage system has not been constructed in accordance with the standards established by this chapter and the Rules referenced herein, he or she shall order such corrections necessary to bring the system into compliance.
      (3)   The installer must notify the Putnam County Health Department at least two business days before starting an on-site system to inform the Health Department of the intent to start installation and schedule an inspection.
   (E)   Installation.
      (1)   Once an on-site sewage permit has been issued by the Putnam County Health Department and soil conditions are acceptable, the installation of the system can begin. An on-site system shall not be installed unless a valid septic permit has been issued and the soil conditions at the site are acceptable.
      (2)   An on-site sewage system can only be installed by a certified septic contractor. Certification can be obtained by the following:
         (a)   Certification from the Indiana On-site Wastewater Professional Association (IOWPA) for the system that is proposed to be installed. The IOWPA certification covers the following types of systems:
            1.   Subsurface gravity feed systems and subsurface drainage;
            2.   Subsurface gravity feed flood dose systems; and
            3.   Pressure distribution (including elevated sand mounds).
         (b)   Certification issued from the Putnam County Health Department. To receive a certification from the Health Department, the installer must pass an exam on the type of system proposed to be installed. If a homeowner wants to install an on-site system on their property, the system must be designed by an Indiana registered professional civil engineer and the owner must pass the on-site system exam for the type of system proposed.
         (c)   If a sand lined system (SLS) is proposed to be installed, the installer must have one of the above certifications AND a certification from the SLS manufacturer for the system that is proposed (Presby or ATL).
         (d)   Any systems that are proposed that are not addressed by Rule 410 I.A.C. 6-8.3, Rule 410 I.A.C. 6-10.1 or this section must be approved by the Indiana State Department of Health. Any additional certifications that are required for these systems must be obtained prior to issuance of a septic permit by the Putnam County Health Department. This includes technology new to Indiana (TNI) as defined by Rule 410 I.A.C. 6-8.3 and Rule 410 I.A.C. 6-10.1.
(Ord. 2014-12-15A, passed 12-15-2014; Ord. 2019-12-2-1, passed 12-2-2019) Penalty, see § 51.99
§ 51.99 PENALTY.
   (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)