§ 51.08 PERMITS.
   (A)   Before the commencement of construction, alteration or repair of a private sewage disposal system, the owner or his agent shall apply in writing to the County Health Department’s office for a permit to construct, alter or repair a private sewage disposal system, which application shall set out the date of the intended construction, alteration, or repair, topographic and soil characteristic information as well as other information required in 410 IAC 6-8.1-48 and 410 IAC 6-10-6, previously incorporated herein by reference, and expressly stating that the owner has complied and will at all times comply with the standards set out in this chapter. No permit will be issued if it is determined the issuance of such a permit would violate or otherwise be inconsistent with the provisions of 410 IAC 6-8.1-1 et seq., 410 IAC 6-10-1 et seq., any federal or state statute or regulation and any ordinance of the county, or would otherwise be reasonably expected to cause or contribute to an unsanitary condition or an unacceptable probability of groundwater contamination or construction of a private sewage disposal system with an unacceptable risk of failure.
   (B)   All applications and plans for a private sewage disposal system for future building sites and for a proposed initial private sewage disposal system on existing building sites which utilize a curtain tile or drain shall include a certification from a professional engineer, professional geologist, or professional land surveyor, indicating the location of such a drain or tile with respect to the private sewage disposal system, the depth of the tile or drain, the outlet of the tile or drain and the elevations of the drain with regard to site topography and shall otherwise confirm and certify that the plans incidental to the curtain tile or drain are sufficient to effectively drain subsurface water from the perimeter of the private sewage disposal system absorption field. All curtain drains or tiles shall be built per plans certified by the professional engineer or professional geologist or professional land surveyor.
   (C)   Permit fees shall be payable as provided by ordinance.
   (D)   No private sewage disposal system shall serve more than one single dwelling or business building. However, a curtain tile or drain serving a private sewage disposal system may be located on a site other than the site for the private sewage disposal system if the right to use and otherwise maintain the tile or drain is protected by easement, covenant, or other similar enforceable rights to protect the tile or drain serving the private sewage disposal system. No permits will be issued for multiple family units served by a private sewage disposal system unless permitted by 410 IAC 6-10-1 et seq.
   (E)   A permit for the installation of a private sewage disposal system, whether issued prior to or after the adoption of this chapter, shall lapse and be void if work has not been started within 180 days and completed within one year after issuance.
   (F)   No part of a private sewage disposal system for a residence shall be located closer than 25 feet to a surface water drain tile, running stream or surface water drain. All rules and regulations of the County Drainage Board will apply to any legal ditch or drain. All parts of the system must be kept at least 50 feet from any water well.
   (G)   Because of the hazards regarding potential ground water contamination resulting from the development of subdivisions, planned developments, parcels and other divisions of land for development, the Health Officer may, at the Health Officer’s discretion, decline to issue a permit for a private sewage disposal system if the Health Officer determines the system is reasonably expected to cause or contribute to a health hazard or an unsanitary condition unless a public water supply is provided.
   (H)   Those factors to be considered by the Health Officer in making a determination to issue or decline to issue a permit unless a public water supply is provided include, but are not limited to, the requirements of 410 IAC 6-8.1-1 et seq. and 410 IAC 6-10-1 et seq., soil and geological conditions, the depth of the water table and the quantity of water available, and evidence of contaminants in excess of drinking water standards as established or otherwise referenced in the Safe Drinking Water Act (42 USC 201 et seq.) as it may be amended.
(Ord. 99-30-CM, passed 11-15-99)