(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