AN ORDINANCE: 4-3-3
Amending Morgan County
Health Department Ordinance
1979-4.
ENVIRONMENTAL HEALTH SERVICES
RESIDENTIAL SEWAGE DISPOSAL
SYSTEMS
ADMINISTRATIVE PROCEDURES
In
accordance with IC 16-20-1-19
and IC 16-20-1-25, and pursuant to 410
IAC 6-8.1-30, the Morgan
County Board of
Health and the
Morgan County Health
Department adopts the
following procedures:
These
requirements are additional
guidelines for installation
of a residential
sewage disposal system
in Morgan County.
These requirements are
subject to change
to ensure that
Morgan County guidelines
meet or exceed
Indiana State Health
Department Rule 410 IAC 6-8.1.
(A) VALIDITY OF PERMITS
All
permits issued for
construction of a
private sewage disposal
system are valid
for a period
of two (2)
years from date
of issue. All
construction must be
completed within the
two year period,
or applicants must
re-apply for a new permit
to include payment
of permit fee.
(B) FEES COLLECTED
All fees collected
by the Board
shall be transferred
to the Morgan
County Health Fund.
Monies collected in
accordance with the
provisions of this
Ordinance shall be
used only for
the maintenance or
future expansion of
the specific program
services from which
they are derived.
Each of the
foregoing fees are
non-refundable and shall
be paid at
the time of
permit issuance.
Any failure to
obtain a permit
and/or payment of
the fee, shall
be considered a
violation of this
ordinance.
(C) SITE EVALUATIONS
All Soil Evaluation
requests shall be
conducted by a
Soil Scientist. The
Soil Scientist shall
be either a
member of the
staff of the
Indiana State Department
of Health, a
soil scientist approved
by the American
Society of Agronomy,
Crops, and Soil
Sciences, as well
as the Indiana
Association of Professional
Soil Classifiers, and
must be included
on the “List
of Soil Science
Consultants” compiled and
distributed by the
Indiana State Department
of Health.
The Morgan County
Health Department requires
that all applications
for residential sewage
system permits must
include a direct
soil observation using
the guidelines set
forth in the
soil manuals, technical
bulletins and handbooks
of the U.S.
Soil Conservation Service,
and including all
the specific information
outlined in 410 IAC 6-8.1
Section 48.
(D) DEFINITIONS
In
accordance with and
pursuant to 410 IAC 6-8.1, the
Morgan County Board
of Health and/or
the Morgan County
Health Department, adopts
the following definitions
and adjoining requirements:
(1) “BEDROOM”
DEFINED (410 IAC 6-8.1-52, 53,
54, 55, 56) As used
in this rule,
the Morgan County
Health Department shall
define a bedroom
as any room
which may be
advertised or implied,
reasonably perceived or
potentially easily converted
to a bedroom.
Such rooms may
include a closet,
may be adjoined
to a hallway
or location in
close proximity to
other bedrooms, may
be equal to
or approximate to
size of other bedrooms,
and may be
adorned with, or
adjacent to a
bathroom.
(2) “MULTIPLE
FAMILY DWELLING” DEFINED
(410 IAC 6-8.1-7) As used
in this rule,
the Morgan County
Health Department shall
define a Multiple
Family Dwelling Unit
as being a
duplex.
All multiple
family dwelling units
in the County
are required to
have each separate
dwelling portion or
unit served by
a separate sewage
disposal system.
The Morgan County Health Department will define “Multiple
Family Dwelling” to agree with the definition of the
Planning and Zoning Ordinance.
(E) REGISTRATION OF APPROVED
INSTALLERS
Pursuant
to 410 IAC 6-8.1 and
effective immediately, Morgan
County Health Department
requires that all
residential sewage disposal
systems must be
installed by persons
and/or firms that
have been registered
as approved installers
as outlined by
the following procedures.
(1) Any
person engaged in or intending
to engage in the
installation, construction
or repair of
sewage disposal systems
or equipment shall
make
application
to the Morgan
County Health Department
to have his
or her name
placed on the
“Register for those
engaged in the
installation, construction and
repair of sewage
disposal systems or
equipment.”
(2) The
application form shall
contain the name
and address of
the applicant or
firm represented by
the applicant, and
such other information
as the Morgan
County Health Officer
may reasonably require
to aid him
in the administration and
enforcement of these
regulations, or to
help him determine
whether there is any reason
why he should
not approve the
applicant’s request to
be placed on
the register.
(3) Any
person making application
to have his
or her name
placed on the
“Register for those
engaged in the
installation, construction and
repair of sewage
disposal systems or
equipment,” shall demonstrate
his or her
knowledge of all
applicable portions of
the current County
Ordinance, and any
and all applicable
Regulations related to
the design, installation,
construction, and repair
of sewage disposal
systems or equipment,
and all applicable
State Rules and
Regulations. Such demonstration
shall be determined
by the Morgan
County Health Officer
or the Morgan
County Environmental Health
Specialist.
(4) Any
person making application
to have his
or her name
placed on the
“Register for those
engaged in the
installation, construction, and
repair of sewage
disposal systems or
equipment,” agrees to
abide by and
to install, construct
or repair any
and all sewage
disposal systems or
equipment in accordance
with this Ordinance,
current regulations, and
any future Ordinance
or regulation established
by the Morgan
County Board of
Health and/or the
Indiana State Department
of Health.
(5) The
Morgan County Health
Officer or the
Morgan County Environmental
Health Specialist may
remove the name
of any person
from the
“Register
for those engaged
in the installation,
construction and repair
of sewage disposal
systems or equipment,”
who have demonstrated
inability or unwillingness
to comply with
all Morgan County
Health Department and/or
all Indiana State
Department of Health
rules, regulations, and
ordinances. The Morgan
County Health Officer
or a Morgan
County Environmental Health
Specialist must first
give such person
written notice of
his intention to
take such action,
and the reason(s)
for such action.
The affected person
has a right
to a hearing
before the Morgan
County Health Officer
or a Morgan
County Environmental Health
Specialist if the
person make written
request to the
Morgan County Health
Officer within ten
(10) days of the
receipt
of this notice.
The person may
appeal an adverse
decision to the
Morgan County Health
Board by sending
written notice of
appeal to the
Morgan County Health
Officer within ten
(10) days of
receipt of the
Health Officer’s decision.
All notices, whether
by the Health
Officer, the Environmental
Health Specialist, or
the affected person,
must be delivered
in person or
sent by certified
mail, return receipt
requested. In all
cases, a receipt
must be obtained
that indicates the
date and to
whom the notice
was delivered.
(6) Once
removed, such person
may not engage
in the installation,
construction, or repair
of any sewage
disposal system or
equipment in Morgan
County until such
person applies to
have his or
her name reinstated
on said Register
by the Morgan
County Health Officer,
satisfactorily demonstrates his
or her ability
and willingness to
comply with these regulations, and
posts a surety
bond with the Morgan
County Board of
Health, State of
Indiana, with the
surety acceptable by
said Board, in
the penal sum
of not less
than Five Thousand
($5,000.00) Dollars, in
favor of the
Morgan County Board
of Health conditioned
upon registrant’s faithful
compliance with this
Ordinance and with
rules and regulations
which may from
time to time
be established by
the Morgan County
Board of Health
relating to the
installation of sewage
disposal device or
equipment.
(F) REVOCATION OF PERMIT
In
conjunction with Section
35 paragraph (b),
Morgan County Health
Department and/or the
Morgan County Board
of Health, further
declares that a
permit may be
revoked by the
Morgan County Health
Department or the
Health Officer for
the following reasons:
(1) The
installation of the
system is not
completed according to
approved plans or
drawings and in compliance with
410 IAC 6-8.1 and local
ordinance #1979-4.
(2) If
it is determined
from inspection by
the Health Officer
or a Morgan
County Environmental Health
Specialist or the
Indiana State Department
of Health, that
the system was
installed during periods
of wet weather
when the soil
was sufficiently wet
at the depth
of installation to
exceed its plastic
limit as defined
in 410 IAC 6-8.1-52 (N).
(3) If
it is determined
from inspection by
the Health Officer
or a Morgan
County Environmental Health
Specialist or the
Indiana State Department
of Health, that
the site for
the septic system
was altered or
damaged due to
cutting, scraping, compacting
or smearing of the
soil conditions by
construction equipment or
vehicles as stated
in 410 IAC 6-8.1-52 (O).
(4) The
Health Officer or
a Morgan County
Environmental Health Specialist
was denied reasonable
notice for final
inspection and approval
of the installation
as stated in 410
IAC 6-8.1-33 (C).
(5) Upon
final inspection by the Health
Officer or a
Morgan County Environmental
Health Specialist, subsurface
portions of the
system are covered
to the extent
that a satisfactory
inspection and approval
cannot be made.
(6) The
Health Department, through
the Health Board,
shall have the
right to promulgate
reasonable rules and
regulations for its
own guidance, as
may be deemed
necessary or desirable
to protect, promote,
or improve public health
or to control
disease, not in
connection with any
provision contained in
this section, or
any regulation promulgated
from time to
time, by either
the Indiana Legislature
or the Indiana
State Department of
Health.
(G) EXPERIMENTAL OR ALTERNATIVE
SYSTEMS
The
installation of any
private sewage disposal
system, not described
in State Board
of Health Regulation
410 IAC 6-8.1. Regulation 410 IAC 6-10,
Bulletin S. E. 11, Bulletin
S. E. 13, and amendments
thereto, or in
the regulations of
the Morgan County Health
Department and amendments
thereto, shall be
approved by the
Indiana State Department
of Health. Plans
and specifications for
any such alternative
private sewage system
must bear the
written approval of
the Indiana State
Department of Health.
Should such experimental
system cause or
create any present
or future public
health hazard, or
nuisance, as determined
by the Morgan
County Health Department,
and/or the Indiana
State Department of
Health, an approved
Subsurface Gravity Feed
Trickle Flow System,
a Subsurface Gravity
Feed Flood Dosed
System, a Subsurface
Gravity Feed Trickle
Flow Alternating System,
a Subsurface Pressure
Distribution System, or
an Elevated Sand
Mound System, shall,
as deemed necessary,
upon order of the Morgan
County Health Department,
and/or the Indiana
State Department of
Health, be installed
to replace such
experimental system within
a specified period
after official notice
to do so
from the Morgan
County Health Department.
(H) VIOLATIONS, PENALTIES, AND
PROCEDURES
(1) The
Health Department may
enter upon and
inspect private or
public property, at
proper times, in
regard to the
possible presence, source,
and cause of
disease or any
suspected violation of
this Chapter or
Section of the
Indiana State Department
of Health Regulations
410 IAC 6-10, 410 1 6-8.1,
Bulletin
S. E. 13, or
Bulletin S. E. 11.
(2) Any
person found to
be violating any
provision of this
Chapter may be
served by the
Health Department with
a written order
stating the nature
of the violation
and providing a
reasonable time limit
for satisfactory correction
thereof.
(3) A
person who refuses
to comply with
any and all
lawful orders or
requirements, made in
writing, subject to
this ordinance, shall
be fined in
a sum not
exceeding one hundred
dollars ($100).
(4) Each
day of non-compliance, after
the expiration of
the specified time
limit for halting
unsanitary conditions, or
completing improvements to
halt such conditions,
as ordered by
the Health Department,
shall constitute a
distinct and separate
violation.
(I) UNCONSTITUTIONALITY CLAUSE
Should any section,
paragraph, sentence, clause,
or phrase of
this ordinance be
declared unconstitutional, or
invalid for any
reason, the remainder
of said ordinance
shall not be
affected.