CHAPTER 130: PRIVATE SEWAGE DISPOSAL SYSTEMS
Section
   130.01   Definitions
   130.02   System regulations
   130.03   Land requirement
   130.04   Permits and inspections
   130.05   Inspection and notice of violation
   130.06   Rules and regulations
 
   130.99   Penalty
§ 130.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMBINED SEWER. A sewer receiving both surface water run-off and sewage.
   CONTIGUOUS. Any actual contact; touching; or within 300 feet, though not in actual contact. Further, CONTIGUOUS is intended to mean and include any and all adjacent lots and building sites regardless of present or future ownership.
   COUNTY HEALTH OFFICER. The appointed health official and all other employees of the County Health Board designated by said Board to be an authorized representative.
   PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, trust, estate or his legal representative or agent.
   PRIVATE SEWAGE DISPOSAL SYSTEM. Individually or collectively those constructions or devices used for the collecting, pumping, treating, or disposing of sewage which have been built, or are intended to be built, or are being maintained by any person.
   PUBLIC SEWER. Any sewer constructed, installed, maintained, operated and owned by a municipality, or other unit in government, or taxing district. A sewer established or maintained for the purpose of carrying surface water run-off and subsoil drainage shall not be considered a public sewer under this definition.
   RESIDENCE. Is meant to include any living facility for human habitation whether used for part time or full time purposes and includes without limitation all homes, mobile homes, cottages, permanently established travel trailers, permanent pads or other parking spaces.
   SANITARY SEWER. A sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
   SEWAGE. The water-carried waste derived from ordinary living process.
   SEWAGE DISPOSAL SYSTEM. Any arrangement of devices and structures designated to, or used for, receiving, treating or disposing of sewage.
(BC Ord. 1985-15, passed 10-28-85)
§ 130.02 SYSTEM REGULATIONS.
   (A)   Where a public, sanitary or combined sewer is not available, all persons shall comply with the following provisions of this chapter for private sewage disposal systems.
   (B)   It shall be unlawful for any person to place, deposit or permit to be deposited any human excrement or sewage in a manner which does not comply with the provisions of this chapter or in any unsanitary manner upon public or private property within the county.
   (C)   At any business building situated within the county, where there is installed or to be installed a private sewage disposal system which is not connected to a public sewer system, and no public sewer system is contiguous, there shall be established or constructed and maintained a private sewage disposal system which shall comply with the standards of the Indiana State Board of Health as contained in Bulletin S.E. 13 and as amended of the Indiana State Board of Health, which is herewith adopted by reference.
   (D)   Any privy situated within the county shall be of the sanitary type and shall be constructed and maintained in a clean condition and so that insects and rodents cannot enter the vault. Any privy shall be located so as not to in any way allow contamination to enter into the surface or subsurface water of the county.
   (E)   (1)   All private sewage disposal systems and privies shall be installed, constructed and maintained in an approved manner as described in Bulletin S.E. 11, S.E. 13 and 410 IAC 6-8 of the Indiana State Board of Health or amendments and supplements thereof and hereinafter adopted by said Board, which are herewith adopted by reference as part of this section.
      (2)   The installation of any other private residential sewage disposal systems not described in Indiana State Board of Health Bulletins may be approved by the Warrick County Health Officer after applicant has filed the requirements and plans and specifications of such device or system in the Health Office of the county.
   (F)   (1)   Should any breakdown occur or defect exist in any private sewage disposal system or privy which would cause said disposal system to fail to meet the requirements of divisions (B), (C), (D), or (E) above, and/or in any way cause improperly treated sewage to escape from the property of the owner of said system, or in any way cause pollution to enter the waters of the county, the tiles or drains in the county or the tiles, the surface water, or subsurface water of any other private person within this county, the defects will be corrected immediately by the owner or agent of the owner, occupant, or agent of the occupant.
      (2)   Until such time as said defect is corrected, said system shall not be used for the reception of any further garbage or sewage until such defect is corrected and a certificate of said correction is issued by the County Health Officer.
      (3)   The County Health Officer upon discovery of any condition as set out above in this section, shall issue an immediate order to the owner and occupant of the land stopping or restricting the use of said sewage disposal system.
      (4)   Violation of this section shall be violation of this chapter and the violator shall be subject to the penalties described in § 130.99.
   (G)   Whenever an available public sewer, combined sewer or sanitary sewer approved by the Public Service Commission or the Indiana State Board of Health becomes contiguous and is within 300 feet of the building line of a residential or business property, served by a private sewage disposal system or privy, situated within the county, a direct connection shall be made to said sewer and any septic tanks, seepage pits, outhouses, privy pits and similar sewage disposal and treatment facilities shall be abandoned and filled in a safe and sanitary manner.
   (H)   Whenever a new business building or subdivision is developed in an area where a public or sanitary sewer, or combined sewer is contiguous and available, a connection shall be made to said sewer.
   (I)   Whenever an available public sewer, combined sewer or sanitary sewer (“Public Sewer”) approved by the Public Service Commission or the Indiana State Board of Health is contiguous or within 300 feet of the building line (as established by Warrick County zoning ordinance) of a residential property that is being developed for a residential home and is situated within the county, a direct connection shall be made to said public sewer. The County Board of Health may grant a special permit waiving this connection requirement if the residential homeowner provides the County Board of Health with the following:
      (1)   The applicable Municipal Works Board waives in writing any tap-in rights the Municipal Works Board may have or otherwise waives the Municipal Works Board's enforcement rights under I.C. § 36-9 et seq., against the homeowner and all successors-in-title, unless and until:
         (a)   The homeowner or successor-in-title consents to the public sewer tap-in;
         (b)   The residential property receiving said waiver is annexed by a municipality; or
         (c)   The septic system fails thereby creating a public health hazard as determined by the County Board of Health; and
      (2)   A written statement by the homeowner affirming that the cost to connect to the public sewer line is equal to or exceeds the cost of installing any acceptable private sewage disposal system.
(BC Ord. 1985-15, passed 10-28-85; Am. BC Ord. 2017-15, passed 6-26-17) Penalty, see § 130.99
§ 130.03 LAND REQUIREMENT.
   (A)   Areas which are rated severe for septic tank absorption fields by the U.S. Department of Agriculture Soil Conservation Service must have a minimum of two and one-half acres.
   (B)   Land areas which have been legally divided and recorded before June 24, 1975, may be less than two and one-half acres in size, but must have enough suitable land for a septic tank absorption field, which shall be determined by the County Health Officer, with any tests, plans and specifications, the Health Officer may require to be submitted before approval of the application.
(BC Ord. 1985-15, passed 10-28-85) Penalty, see § 130.99
§ 130.04 PERMITS AND INSPECTIONS.
   (A)   Before commencement of construction of any building or residence, or before location of a mobile home on a plot of ground where a private sewage disposal system or privy is to be installed, or where any alteration, repair, or addition to an existing private sewage disposal system is planned, the owner or agent shall first obtain a written permit signed by the County Health Officer. The application for such permit shall be made on a form provided by the County Board of Health, which application shall be supplemented by any plans, specifications and other information as is deemed necessary by the County Health Officer. A fee as described in § 41.02 of the Warrick County Code of Ordinances is to be paid to the County Health Department at the time the application is filed.
   (B)   A private sewage disposal system or privy for which a permit has been issued shall not be used until the installation is completed to the satisfaction of the County Health Officer. He or his agent shall be allowed to inspect the work during any state of construction; and in any event, the applicant for the permit shall notify the Health Officer when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within two working days of the receipt of notice by the County Health Officer.
   (C)   A private sewage disposal permit shall be effective for a period of two years from the date of issuance. A private sewage disposal system must be installed in compliance with this chapter before the residence that it serves can be occupied.
   (D)   No person shall install, construct, alter, repair or make any addition to a private sewage disposal system unless a permit from the County Health Officer has been first issued for such work.
   (E)   All permits issued hereunder shall be posted in a conspicuous place at or near the building where the sewage disposal system is under construction. The notice should be plainly visible from the public thoroughfare serving this building.
   (F)   Should the County Health Officer, after examination of such application or construction, find the same to be in conflict with any terms and provisions of this chapter, he or she shall, in writing addressed to the applicant, reject such application.
   (G)   (1)   All applications for approval of any new subdivision, or any part thereof, shall be submitted directly to the County Board of Health for approval of the manner and method of the disposal of domestic and sanitary sewage where provision is not provided for connection to a public sewer or a combined sewer.
      (2)   If the Board does not approve the application, notice of the disapproval shall be transmitted, within ten days after the disapproval, to the applicant and the County Area Plan Commission.
(BC Ord. 1985-15, passed 10-28-85; Am. BC Ord. 1991-16, passed 7-22-91; Am. BC Ord. 2013- 19, passed 7-22-13; Am. BC Ord. 2024-11, passed 8-26-24) Penalty, see § 130.99
§ 130.05 INSPECTION AND NOTICE OF VIOLATION.
   (A)   The County Health Officer, or his agent, bearing proper credentials and identification, shall be permitted to enter upon all properties at any reasonable daylight time for the purposes of inspection, observation, measurement, sampling and testing necessary to carry out the provisions of this chapter.
   (B)   Any person found to be in violation of any provision of this chapter may be served by the County Board of Health, or the duly appointed Health Officer, with a written order stating the nature of the violation and providing a 30-day time limit for its satisfactory correction.
   (C)   After receiving an order in writing from the County Board of Health, or the duly appointed Health Officer, the owner, agent of the owner, the occupant or agent of the occupant of the property shall comply with the provisions of this chapter as set forth in the order and within the time limit included therein. The order shall be served on the owner, the owner and the occupant, or the agent of the owner, but it may also be served on any person, who, by contact with the owner, has assumed the duty of complying with the provisions of an order.
   (D)   When called upon by the owners of any private sewage disposal system to test the system, the County Department of Health shall charge a fee as described in § 41.02 of the Warrick County Code of Ordinances for each dye test and for each water test requested. All funds received hereunder shall be deposited in the same manner and through the same accounts as other fees charged under the provisions of this chapter.
(BC Ord. 1985-15, passed 10-28-85; Am. BC Ord. 1989-14, passed 7-24-89; Am. BC Ord. 1991-16, passed 7-22-91; Am. BC Ord. 2024-11, passed 8-26-24)
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