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Legal Notice – On-Site Sewage Systems Ordinance

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Parke County Ordinance 2024-2

On-site Sewage Systems Ordinance

 

This Ordinance and all Ordinances supplemental or amended hereto shall be known as the Parke County On-site Sewage Systems Ordinance and may be cited as such and will be referred to herein as “this Ordinance”. This Ordinance will effectively repeal any recorded Ordinance and any amendments thereto.

 

The purpose of this Ordinance is to provide minimum standards for the prevention and suppression of disease and health risks associated with the use of on­site sewage systems and to otherwise promote public safety and welfare and protection of the environment.

 

This Ordinance regulates the location, installation, construction, maintenance, reconnection, replacement, alteration, and repair of all residential and commercial on­site sewage systems in Parke County, Indiana. It also provides for the administration and enforcement of the provisions contained herein, and affixes penalties for violation.

 

This ordinance incorporates by reference the Indiana Department of Health Rules 410 IAC 6-8.3 Residential On-site Sewage Systems, et. seq., 410 IAC 6-10.1 Commercial On-site Sewage Systems, et seq., and Bulletin S.E. 11, The Sanitary Vault Privy, 2021 Edition, et. seq.

 

Be it ordained by the Board of Commissioners of Parke County, State of Indiana, that:

 

Section A: Authority

The Parke County Health Department is hereby authorized to issue residential and commercial on-site sewage system permits, collect permit fees and penalties, perform inspections, hold hearings, and order or otherwise compel correction of violations of this Ordinance, and is otherwise authorized to perform all actions necessary for the administration and enforcement of this Ordinance.

 

Section B: DEFINITIONS

  1. Construction, New means a. Construction of a new home, residential outbuilding, or commercial facility where there previously was no home, outbuilding, or commercial facility; or

 

  1. Construction of a new home, residential outbuilding, or commercial facility where there previously was no home, outbuilding, or commercial facility; or

 

  1. Replacing, rebuilding, or remodeling an existing home, residential outbuilding, or commercial facility when the design daily flow of the new structure(s) exceeds what was previously at the site.

Best judgment shall not be used for new construction.

 

  1. Construction, Repair/Replacement means repair or replacement of a residential on-site sewage system for an existing home, residential outbuilding, or commercial facility or the rebuilding or remodeling of an existing home, residential outbuilding, or commercial facility without an increase in the design daily flow of the project. In accordance with Rule 410 IAC 6-8.3, the best judgment of the Parke County Health Department may be used, when necessary and appropriate, for the repair or replacement of a failing residential on-site sewage system.

 

  1. On-site sewage system malfunction or Malfunction means a residential or commercial on-site sewage system component that is not functioning in accordance with this ordinance or per manufacturers’ requirements. On-site sewage system malfunction does not have to meet the definition of on-site sewage system failure but may also be a failure. Malfunction may include, but is not limited to, one (1) or more of the following:

 

  1. The backup of sewage into an upstream on-site sewage system component;

 

  1. The liquid level in a septic tank consistently above the invert of the septic tank outlet;

 

  1. An outlet filter that is plugged sufficiently to cause backup in the septic tank;

 

  1. The liquid level in a dosing tank above the invert of the dosing tank inlet;

 

  1. The liquid level in a treatment unit above that recommended by the manufacturer;

 

  1. The liquid level in a distribution box consistently above the invert of the outlets or a distribution box that does not provide equal distribution;

 

  1. Structural failure of a septic tank, dosing tank, treatment unit, distribution box or other required component;

 

  1. Electrical failure of a float, an effluent pump, alarm, or other electrical component of an on-site sewage system, or

 

  1. Removal of an outlet filter, an effluent pump, or any other system component if that outlet filter, pump, or component was required in the construction or operating permit.

 

  1. Installer means any individual who performs any work in furtherance of construction, installation, replacement, alteration, repair, or abandonment of any residential or commercial on-site sewage system in Parke County, State of Indiana.

 

  1. Involuntary means a need to modify or improve a dwelling, residential outbuilding, or commercial facility due to factors outside of the owner’s control, such as destruction by wind, fire, flood, or other natural disaster, or due to condemnation of a dwelling.

 

  1. Voluntary means an owner’s intentional or deliberate action to construct, modify, or improve a dwelling or residential outbuilding or increase the design daily flow of a structure. 410 lAC 6-10.1 et. seq., and/or Bulletin S.E. 11, as applicable, and the provisions of this ordinance for an on-site sewage system.

 

Section C: REQUIRED ON-SITE SEWAGE SYSTEM OR CONNECTION TO SANITARY SEWER

 

  1. All persons owning, leasing, or otherwise occupying property that has a residence, residential outbuilding or commercial facility with plumbing not connected to sanitary sewer shall comply with the requirements of Rules 410 IAC 6-8.3 et. seq., 410 IAC 6-10.1 et. seq., and/or Bulletin S.E. 11, as applicable, and the provisions of this ordinance for an on-site sewage system.

 

  1. In the event of a residential or commercial on-site sewage system failure the residence, residential outbuilding, or commercial facility shall be required to make a direct connection to sanitary sewer, if the sanitary sewer is available within three hundred (300) feet of the affected property line or is available for connection at a construction cost and connection fee estimated not to exceed one hundred fifty percent (150%) of the cost estimated for installing an on-site sewage system to serve the residence, residential outbuilding or commercial facility.

 

Section D: SEWAGE HOLDING TANKS

 

  1. A sewage holding tank is an alternative method of sewage disposal in accordance with IC 16-41-25-9.

 

  1. An application for a sewage holding tank must be filed by the property owner or property owner’s agent including:

 

  1. An application form provided by the Parke County Health Department;

 

  1. A construction plan of sufficient clarity to show compliance with this ordinance;

 

  1. A copy of a written contract with an operator of a septage management vehicle providing for the removal of septage at regular intervals;

 

  1. A written statement, signed by the property owner, indicating that copies of all receipts and other records as requested be submitted to the local health department within thirty (30) days of service; and

 

  1. For commercial sites where IDOH has completed plan review and approval for a commercial holding tank, a copy of the written approval from IDOH.

 

  1. All sewage holding tanks shall:

 

  1. Have a minimum capacity of

 

  1. For holding tanks that are permitted as septic and/or dosing tanks and planned to precede a soil absorption field, the minimum capacity as determined by Rule 410 IAC 6-8.3 or Rule 410 IAC 6-10.1 for septic and/or dosing tanks.

 

  1. For permanent holding tanks, the greater of

 

  1. one thousand (1,000) gallons; or

 

  1. at least three (3) times the design daily flow of the home or commercial structure as determined by Rule 410 IAC 6-8.3 or Rule 410 IAC 6-10.1.

 

  1. Have a capacity of no more than 10,000 gallons.

 

  1. A sewage holding tank shall meet all separation distances required for septic tanks in Rules 410 IAC 6-8.3 and 410 IAC 6-10.1.

 

  1. A sewage holding tank shall meet all construction requirements of septic tanks in Rules 410 IAC 6-8.3 and 410 IAC 6-10.1.

 

  1. All sewage holding tanks shall have at least one riser to the surface for ease in pumping the tank. A secondary childproof plug shall be installed under a safely secured riser lid.

 

  1. A construction permit issued by the Parke County Health Department is required prior to the installation of the holding tank or sewer.

 

  1. A sewer, meeting the requirements for a residential sewer in Rule 410 IAC 6-8.3 or the requirements for a building sewer in Rule 410 IAC 6-10.1 shall be used to make a direct connection between the plumbing of the structure and the holding tank.

 

  1. All sewage holding tanks installed in Parke County shall have:

 

  1. an installation inspection to confirm proper installation and to confirm the outlet of the last tank has been appropriately sealed prior to backfilling; and
  2. The alarm wired in and verified operational.

 

1O. AII holding tanks shall be required to have an operating permit issued by the Parke County Health Department.

 

  1. The construction permit issued for the installation of the holding tank shall also serve as the operating permit for the first two (2) years of service.
  2. An operating permit for a sewage holding tank shall be valid for a period of two (2) years from the date of issuance.
  3. Prior to operating permit renewal, a registered installer must inspect the holding tank(s) for verification of proper operation of the tank and alarm system. An inspection report must be provided to the Parke County Health Department prior to renewal.
  4. An operating permit shall be renewed prior to, or within ten (10) days of, expiration.
  5. An operating permit fee as stated in the Parke County Health Department Fee Ordinance shall be due at the time of operating permit renewal.

 

  1. AII receipts from pumping and maintenance of a sewage holding tank and other documents for repair or modification of a sewage holding tank need to be submitted to the Parke County Health Department within thirty (30) days of the service provided.

 

  1. An operating permit not renewed within thirty (30) days of expiration, or a sewage holding tank not operated in a safe and sanitary manner, including receipts and other paperwork not submitted as required, is a violation of this ordinance and may be subject to penalty as described in Section H of this ordinance, permit revocation, and/or denial of operating permit renewal.

 

  1. 1n the event a sewage holding tank is not operated in a safe and sanitary manner and in accordance with IC 16-41-25-9 and this ordinance, the Parke County Health Department may require the residence, residential outbuilding, or commercial facility to:

 

  1. Connect to sanitary sewer if the sanitary sewer is available within three hundred (300) feet of the affected property line or is available for connection at a construction cost and connection fee estimated not to exceed one hundred fifty percent (150%) of the cost estimated for installing an on-site sewage system to serve the residence, residential outbuilding or commercial facility; or

 

  1. Install an on-site sewage system with a soil absorption field in compliance with Rule 410 IAC 6-8.3 or Rule 410 IAC 6-10.1 and that has not failed.

 

  1. Upon connection to an approved soil absorption field, as part of a full on-site sewage system, or sanitary sewer, the sewage holding tank shall be abandoned in accordance with the rules unless it will be converted for use as a septic tank or a dosing tank in an on-site sewage system.

 

Section E: GENERAL REQUIREMENTS FOR ON-SITE SEWAGE SYSTEMS

 

  1. An on-site sewage system construction permit issued by the Parke County Health Department shall be obtained prior to the installation of any component of an on-site sewage system or prior to the repair, replacement, alteration, or modification of any component of an on-site sewage system.

 

  1. On-site Sewage System Soil Evaluation

 

  1. An on-site soil evaluation is required, as described in Rule 410 IAC 6-8.3 or Rule 410 IAC 6-10.1, prior to permit issuance for all residential and commercial sites where a soil absorption field is to be installed, expanded, or replaced and as needed for repairs.

 

  1. A minimum of three (3) soil borings and/or soil pits are required to be evaluated in the area of the soil absorption field. The Parke County Health Department may request additional soil borings or soil pits if deemed necessary by the Parke County Health Officer.

 

  1. The on-site soil evaluation report created from the evaluation of the soil profile must be signed by the professional soil scientist and submitted directly to the Parke County Health Department by the soil scientist.

 

  1. All distribution boxes shall be stabilized to prevent movement during installation and operation.

 

Section F: CONNECTION OR RECONNECTION TO AN EXISTING ON­ SITE SEWAGE SYSTEM

 

  1. An existing residential or commercial on-site sewage system may be considered for connection or reconnection to a new or replacement dwelling, residential outbuilding, or commercial facility if:

 

  1. The system is inspected by an installer or a qualified inspector and found to consist minimally of a septic tank and a soil absorption field that has not failed or malfunctioned;

 

  1. Either:
  2. The original system installation was permitted through the Parke County Health Department; or

 

  1. The original system was not permitted through the Parke County Health Department, but an installer develops a plan of the site and system showing compliance with the rules and this ordinance; and

 

  1. The existing system is appropriately sized for the structure to be served.

 

  1. If the connection or reconnection is due to involuntary events, the Parke County Health Department may utilize their best judgment for the soil absorption field when approving a connection or reconnection to an existing system.

 

  1. If the connection or reconnection is due to voluntary events, the system being connected to must meet the requirements of the appropriate rule, unless the site meets the requirements of the definition of repair or replacement construction in this ordinance.

 

  1. All commercial facilities wanting to connect or reconnect to an existing on-site sewage system must have written approval from the Indiana Department of Health.

 

  1. A construction permit for connection or reconnection to an existing on-site sewage system shall be obtained prior to the start of construction of the residence, residential outbuilding, or commercial facility.

 

Section G: ENFORCEMENT

 

  1. Whenever the Health Officer determines there are reasonable grounds to believe that there has been a violation of this Ordinance, Rule 410 IAC 6-8.3, or Rule 410 IAC 6-10.1 the Parke County Health Officer shall issue a Notice of Violation to the person or persons responsible, as hereafter provided. Such notice shall:

 

  1. Indicate the date and location of the violation.

 

  1. Clearly indicate the nature of the violation and the related Ordinance, statute, and/or rule citation.

 

  1. Allow a reasonable time for the performance of necessary remediation.

 

  1. Be properly served upon the person(s) responsible. Proper service shall include any of the following:
  2. Sent to the person directly via first class mail;

 

  1. Sent by certified mail to the last known mailing address of the person;

 

iii. Posted in a conspicuous place in or about the property affected by the notice; or

 

  1. Other method of service authorized or required under the laws of this state.

 

  1. After receiving an order in writing from the Parke County Health Officer, the owner of the property shall comply with the provisions of this ordinance and/or rule as set forth in said order and within the time limit specified therein. Said order shall be served on the owner but may be served on any person who, by contract with the owner, has assumed the duty of complying with the provisions of an order. Failure to comply with such order shall constitute a violation of this ordinance and the violator shall be subject to the penalties as prescribed in Section H of this ordinance.

 

  1. The Parke County Health Officer may compel an immediate stop work order of work completed, in progress, or planned, which is in violation of any provision(s) of this ordinance. Such stop work order shall:

 

  1. Result in the immediate suspension of all work at the worksite; and

 

  1. Be posted at the construction site and confirmed by written notice to the owner or occupant of the premises and any person engaged in the performance of said work or any person causing such work to be performed.

 

  1. Failure to comply with such stop work order shall constitute a violation of this ordinance and the violator shall be subject to the penalties as prescribed in Section H of this ordinance.

 

  1. Whenever the Parke County Health Officer finds that an emergency exists that requires immediate action to protect public health, the Parke County Health Officer may, without notice or hearing, issue an emergency order declaring the existence of such an emergency and require that action be taken as the Health Officer deems necessary. Notwithstanding the other provisions of this ordinance, Rule 410 IAC 6-8.3, Rule 410 IAC 6-10.1, and Bulletin S.E. 11, such order shall be effective immediately.

 

  1. Any person to whom such an emergency order is directed shall comply therewith immediately, but upon petition to the Parke County Health Officer, shall be afforded a hearing, as soon as possible in the manner provided in Section I.

 

Section H: PENALTIES

 

  1. Any person, firm, or entity found to be in violation of any provision of this Ordinance and/or rule shall be fined not more than twenty-five hundred dollars ($2,500.00). Each day after the expiration of the time limit for abating unsanitary conditions and completing improvements to abate such conditions as ordered by the Parke County Health Department shall constitute a distinct and separate offense.

 

  1. The Parke County Health Department shall also be entitled to seek any other legal remedy available against any person who shall violate any provision of this ordinance and/or rule.

 

  1. The Parke County Health Department shall be entitled to seek all legal fees incurred during enforcement of this ordinance and/or rule.

 

  1. The penalties provided in this section shall be cumulative, and not exclusive, and shall be in addition to any other remedy provided by law.

 

  1. There shall be a fine of Five hundred dollars ($500.00) for residential and One­ thousand dollars ($1000) for commercial sites imposed upon any person or entity that fails to obtain a permit prior to a system installation. This fine shall also apply to installers and developers as well as property owners who fail to ensure that a permit is obtained prior to system installation or any construction of any building or structures on the affected property.

 

Section 1: PROCEDURE FOR APPEAL

 

 

  1. Appeals may be filed with the Parke County Board of Health for any of the following decisions or actions taken by the Parke County Health Officer:

 

  1. Denial of a permit to install, construct, reconnect, replace, alter, or repair an on-site sewage system, holding tank, or sanitary vault privy;

 

  1. Revocation of a permit;

 

  1. The issuance of a notice of violation, a stop work order, or an emergency order as prescribed in Section G of this ordinance; or

 

  1. A penalty as prescribed in Section H.

 

  1. Any person(s) filing such an appeal shall be granted a hearing on the matter before the Parke County Health Board. The request shall be in writing and received at the office of the Parke County Health Department within ten (10) calendar days of receipt of the notice. If a request for a hearing is not received within ten (10) calendar days, the decision or action shall stand.

 

  1. This request shall briefly state the reasons for the requested hearing. Upon receipt of a request for a hearing, the Parke County Health Officer shall arrange a time and a place for a hearing and shall give the petitioner written notice thereof.

 

  1. A hearing shall be held as soon as practical after receipt of the request in compliance with IC 5-14-1.5-5 (Open Door Law).

 

  1. At the hearing, the petitioner shall be given the opportunity to be heard and to show evidence as to why such decision or action should be modified or withdrawn. Additionally, the Health Officer shall be given time to explain the circumstances of the decision and/or action.

 

  1. The proceedings at a hearing, including the findings and decision of the Parke County Health Board, shall be summarized in the minutes of the hearing and entered as a matter of public record in the office of the Parke County Health Department. In addition, all pertinent information including, but not limited to, permit application and written correspondence, shall be included in the public record. Any person may seek relief thereof from any court of competent jurisdiction as provided by the law of the state.

 

Section J: REMEDIES

 

  1. Upon refusal or neglect of any person to correct an unlawful or unsanitary condition when the abatement of the condition has been ordered in writing by the Health Officer or an appeal against the decision and/or action has been sustained by the Health Board, the Health Officer may, through the office of the Parke County attorney, or an attorney representing the Health Department, institute proceedings in the judicial court district wherein the offense occurs for enforcement by prohibitory or mandatory injunction to restrain any person from violating the provisions of this ordinance.

 

Section K: FEE SCHEDULE

 

  1. All applicable fees as set forth in the Parke County Health Department Fee Ordinance and any amendments or revisions hereafter, shall be made payable to the Parke County Health Department.

 

Section L: CONFLICT OF ORDINANCE AND SEVERABILITY

 

  1. In any case where a provision of this ordinance is found to be in conflict with a provision of any code of Parke County, Indiana, existing on the effective date of this ordinance, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of any other code of Parke County, Indiana, existing on the effective date of this ordinance which establishes a lower standard for the promotion and protection of the health and safety of the people, are hereby declared to be repealed to the extent that they may be found in conflict with this ordinance.

 

  1. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance, which shall remain in full force and effect, and to the end the provisions of this ordinance are hereby declared to be severable.

 

Unanimous consent of Parke County Commissioners who were present on the 15111 day of April 2024 to consider the ordinance on the same date as introduced. Board of Commissioners of Parke County, IN

 

Jim Meece

Bruce Hartman

 

Ordinance Approved this 15th day of April 2024.

 

 

Board of Commissioners of

Parke County, IN

Jim Meece

Bruce Hartman

Dan Collom

 

ATTEST:

Mary Anne Wood, Parke County Auditor

Posted in Public Notices