On-site Sewage Disposal of Miami County Ordinance

This Ordinance and all ordinances supplemental or amendatory hereto shall be known as the On-site Sewage Disposal of Miami County, and may be cited as such and will be referred to herein as this ordinance.

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 on-site sewage disposal systems and to otherwise promote public safety and welfare and protection of the environment.

The Health Officer of Miami County, as hereinafter defined, and the Health Officer's agents and representatives are hereby authorized to issue permits, installer certifications, collect permit and incidental fees, perform inspections, order or otherwise compel correction of violations of this ordinance, and are otherwise authorized to perform all actions necessary for the administration and enforcement of this ordinance.

1. The regulations of the Indiana State Department of Health as found in Title 410 IAC 6-8.1 Residential Sewage Disposal Systems are hereby incorporated by reference in this ordinance and shall include any later amendments to those regulations as the same published in the Indiana Register of the Indiana Administrative Code with effective dates as fixed therein. [H.I.] 1. Copies of 410 IAC 6-8.1-1 et. Seq. are available and on file in the office of the Miami County Board of Health and the Miami County Auditor.
2. The regulations of the State Department of Health as found in Title 410 IAC 6-10 Commercial On-site Wastewater Disposal are hereby incorporated by reference in this Ordinance and shall include any later amendments to those regulations as the same are published in the Indiana Register of the Indiana Administrative Code with effective dates as fixed therein [H.I.]. 1, Copies of 410 IAC 6-10-1 et. Seq. Are available and on file in the office of the Miami County Board of Health and the Miami County Audit

In addition to or to otherwise supplement those definitions contained in 410 IAC 6-8.1-1 et. Seq. Which is incorporated herein by reference this ordinance shall include the following definitions:

BEDROOM: Means a room within a dwelling that might reasonably and regularly be used as a sleeping room or which contains a closet or shares a common hallway with or adjoins a bathroom. A bedroom may include but is not limited to those rooms designated as dens, studios, offices, or libraries if such rooms otherwise meet the above definition.

BOARD: Shall include and means the Miami County Board of Health.

BUSINESS BUILDING: Means that building or structure utilized primarily for a commercial establishment including, but not limited to, office buildings, apartments, condominiums, motels, mobile home parks, churches, campgrounds, schools, hospitals, nursing homes, subdivisions, restaurants, etc, at locations where such facilities may be approvable.

COMMERCIAL ON-SITE WASTEWATER DISPOSAL FACILITY: Means all equipment and devices necessary for proper conduction, collection, storage, treatment, and on-site disposal of wastewater from other than one - or two-family dwellings.

DUPLEX: This means a dwelling as defined in 410 IAC 6-8.1-7 with two separate living quarters for two separate families.

HEALTH DEPARTMENT: Means the Miami County Health Department.

HEALTH OFFICER: Shall include and also means the Health Officer of Miami County.

INSTALLER: For purposes of this ordinance, the installer shall mean any person engaged in the construction and installation of residential or commercial on-site sewage disposal systems in Miami County.

MULTIPLE FAMILY UNITS: Means any building or place of residential or commercial on-site sewage disposal systems in Miami County.

ON-SITE SEWAGE DISPOSAL SYSTEM: Means any sewage disposal facility not owned by a municipality or sanitary district or administered by the Indiana State Department of Health where the effluent is treated on the lot and shall include, but is not limited to, residential sewers, grease traps, septic tanks, dosing tanks, soil absorption systems, experimental treatment processes, perimeter drains, temporary sewage holding tanks, and sanitary vault privies. On-site systems include both residential and commercial disposal systems.

PLANNED DEVELOPMENT: This means any land development which requires the specific zoning classification entitled A Planned Development.

PUBLIC WATER SUPPLY: This means a system that provides piped water for human consumption to at least 15 service connections or at least twenty-five (25) people at least 60 days out of the year.

RESIDENCE: Means a dwelling, as defined in 410 IAC 6-8.1-7.

RESIDENTIAL SEWAGE DISPOSAL SYSTEM: Means all equipment and devices necessary for proper conduction, collection, storage, treatment, and on-site disposal of sewage from a 1 or 2 family dwelling.

SANITARY PRIVY: Means a privy so located, constructed, and maintained; 1. that users do not contact waste matter deposited; 2. that flies, insects, rats and other animals cannot gain access to the privy interior or vault; 3. that surface or groundwater cannot enter the vault; 4. that the waste material in the privy cannot contaminate a water supply, stream, or body of water; 5. that odors are minimized both inside and outside the privy structure.

Effective January 1, 2001, no person shall construct, install, replace, alter, or repair any part of any on-site sewage disposal system in Miami County unless the person is certified by the Miami County Health Department.

1. Any person engaged in the installation of on-site sewage disposal systems in Miami County must file an Application for Certification with the Miami County Board of Health. The application shall be accompanied by a certificate of liability insurance issued by a company registered in Indiana. The liability policy shall be sufficient to indemnify persons for whom faulty work may be performed or a minimum of $100,000.
2. Every person engaged in the installation of on-site sewage disposal systems in Miami County shall be knowledgeable of all laws, rules, and regulations of both the State of Indiana and Miami County, governing on-site sewage disposal systems.
   • The applicant for certification must demonstrate knowledge of the applicable laws, rules, and regulations before becoming certified by passing a written proficiency examination conducted by the Miami County Health Department. The examination shall be in 2 parts and consist of 50 questions. Part A, 35 questions, will cover laws, rules, and regulations of the State of Indiana and Miami County and installation of sub-surface gravity feed trickle flow systems, and Part B, 15 questions, will cover pressure distribution and experimental type on-site sewage disposal systems as defined by the Indiana State Department of Health. The examination shall be reviewed from time to time to determine its applicability to current laws, rules, and regulations. A score of 80 percent or higher on each section will be considered passing. When taking a written examination is not feasible due to language or reading difficulties, an oral examination will be allowed. If the applicant fails to pass either part of the examination, the applicant may re-apply for an Installer Certification no earlier than 1 month following the examination date. An application fee of $10 must be paid prior to re-examination.
3. Upon successful completion of Part A, the applicant shall be issued a certification to install sub-surface gravity feed trickle flow systems and will pay set fees for such certification. Upon successful completion of Parts A and B, the applicant shall be issued a certification to install all types of on-site sewage disposal systems including pressure distribution and experimental systems, and will pay set fees for such certification.
4. Such certification shall be valid for a term of one year beginning January 1, and expiring December 31, of the same year and shall be renewed annually. The certification shall bear the name and address of the certified installer. Any certification which is not renewed within 1 year of the expiration date shall be considered void and the installer must re-apply for certification and pass the proficiency test.
5. The installer shall maintain in his possession a copy of the Certification at all times when installing on-site soil absorptions systems.
6. A Certified Installer shall be on the site at all times during construction and shall be deemed responsible for the installation. A Certified Installer may supervise other construction workers as necessary to assist in the installation.
7. A property owner wishing to install, repair, or otherwise work on the on-site sewage disposal system serving his own dwelling shall be required to demonstrate knowledge of the applicable laws, rules, and regulations by taking the proficiency exam in Section 6, paragraph B subparagraph 1 above, conducted by the Health Department.

Where a sanitary sewer system is not available within 300 feet, all persons owning, leasing, or otherwise occupying property shall comply with 410 IAC 6-8.1-1 et. Seq. and 410 IAC 6-10-1 et. Seq. and the following provisions of this Ordinance for an on-site sewage disposal system.

1. No person shall throw, run, drain, seep or otherwise dispose into any of the surface waters or groundwaters of Miami County, or cause, permit, or suffer to be thrown, drained, allowed to seep, or otherwise disposed into such waters, any organic or inorganic matter from a dwelling or residential sewage disposal system that would cause or contribute to a health hazard or water pollution.
2. Connection to an existing soil absorption system shall be permitted if the following conditions are met:
   • The connection will not exceed the system design load based on the sizing requirements of 410 IAC 6-8.1 or 410 IAC 6-10.
   • The existing system has not malfunctioned.
   • The existing system has been permitted and approved by the Health Officer, and the applicant has possession of a record of the permitted and approved system which shows all system dimensions.
   • If the existing system shall fail, there is sufficient space for system replacement.
   • In the event that a system enlargement is proposed, the enlargement must bring the existing system into compliance with the minimum standards of Rule 410 IAC 6-8.1 or 410 IAC 6-10.
3. No privy shall be permitted for a residence except on a temporary basis and then only by special permit. All such privies shall comply with Indiana State Department of Health Bulletin S.E. 11. Bulletin SE. 11 is herein incorporated by reference as part of this section and two copies are filed in the office of the Miami County Auditor and Miami County Board of Health for public inspection. In the case of self-contained chemical toilets, no pit will be required.
4. Should an on-site sewage disposal system fail, the failure shall be corrected by the owner or occupant served by such system within the limit set by the Health Officer.
5. Whenever a public sanitary sewage system becomes available and is within 300 feet of the property line or property upon which a building situated in Miami County, Indiana, is located and that building is used as a dwelling or business building and is served by an on-site sewage disposal system or privy, a direct connection of the building sewer may be made to say sanitary sewer and any septic tanks, vaults, and similar sewage disposal and treatment facilities shall be abandoned and filled in a safe and sanitary manner.
   
   If the estimated cost of connecting a dwelling or structure to a sewer line does not exceed 1 ½ times the estimated cost of installing an on-site septic system, then connecting to the sewer line may be required by the Miami County Health Officer or his representative.
   
   Whenever a public sanitary sewage system becomes available and is within 300 feet of a residential dwelling or business building situated in Miami County and is served by an on-site sewage disposal system or privy that fails to be in compliance with Miami County Ordinances related to on-site sewage disposal system and/or the laws of the State of Indiana. Said residential dwelling or business building's sewer shall be directly connected to the sanitary sewage system and any septic tanks, vaults, and similar sewage disposal and treatment facilities shall be abandoned and filled in a safe and sanitary manner. The direct connection to a sanitary sewage system shall be made within 180 days of issuance of the order of connection.
6. Whenever a new business building or dwelling is to be constructed in an area where a sanitary sewage system is available as provided in the above paragraph, a connection shall be made to the sanitary sewer according to plans submitted for approval prior to construction of any such project.

Application

1. Before the commencement of construction, alteration or repair of an on-site sewage disposal system, the owner or his agent shall apply in writing to the Miami County Health Office for a permit to construct, alter or repair an on-site sewage disposal system, which application shall set out the date of the intended construction, alteration, or repair an on-site 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 Ordinance. The Sewage Disposal Permit issued by the Health Officer must be obtained prior to application for a Building Permit. For a Commercial On-site Sewage Disposal Permit the application shall include a copy of the permit issued for the Indiana State Department of Health and a copy of the project design plans. 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., and Federal or State statute or regulation and ordinance of Miami County, or would otherwise be reasonably expected to cause or contribute to an unsanitary condition, an unacceptable probability of groundwater contamination or construction of an on-site sewage disposal system with an unacceptable risk of failure.
2. No on-site sewage disposal system shall serve more than 1 single dwelling or business building. No permits will be issued for multiple family units served by an on-site sewage disposal system unless permitted by 410 IAC 6-10-1 et. Seq.
3. A permit for the installation of an on-site sewage disposal system, whether issued prior to or after the adoption of this Ordinance, shall lapse and be void if work has not been completed within one year after its issuance. When a permit has expired or has been revoked, the work on the on-site sewage disposal system shall not commence or resume unless a new application and fee have been submitted and a new permit has been obtained.
4. The permit shall be available to regulatory authorities at or near the dwelling or facility where the on-site sewage disposal system is under construction. The permit shall be posted in a conspicuous place and be plainly visible from the public thoroughfare serving this building.
5. No part of an on-site 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. The rules and regulations of the drainage board will apply for any legal ditch or drain. All parts of the system must be kept at least 50 feet from any water well.
6. Because of the hazards regarding potential ground water contamination of wells through the development of subdivisions, planned developments, parcels and other divisions of land for developments, the Health Officer may, at the Health Officers discretion, decline to issue a permit for the on-site sewage disposal system if said system may cause or contribute to a health hazard or any unsanitary condition unless a public water supply is provided. Those factors to be considered by the Health Officer in making a determination to issue or decline 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., soil and geological conditions, the depth of the water table and the quantity of water available, evidence of any existing or anticipated on-site sewage disposal systems located within the general area in which the proposed on-site disposal system is to be built.

1. A fee of $50 for a sewage Disposal Permit shall be submitted prior to issuance of the Permit.
2. A fee of $25 for Installer Certification shall be submitted prior to the issuance or renewal of the Certification.
3. A Property owner as described in Section 6, paragraph G., is exempt from the installer Certification fee.

1. The board, its agent, or the Health Officer or his or her agent shall be permitted to enter upon all properties for purposes of inspection, observation, measurement, sampling, and testing necessary to ensure compliance with this Ordinance and to verify no on-site sewage disposal system has failed.
2. No construction of the on-site sewage disposal system may take place if the on-site sewage disposal system site is disturbed or altered after the on-site evaluation by the addition of fill material (other than that construction necessary for the onsite sewage disposal system itself) or by cutting, scraping, compaction or the removal of soil, until a new evaluation has been conducted and a modified permit has been issued. In the event, the on-site inspection indicates site limitations, either arising from topography or soil characteristics, the site owner or his agent is responsible for designing a residential or an on-site sewage disposal system that addresses the demands of the site in accordance with rules established in 410 IAC 6-8.1-1 et. seq., 410 IAC 6-10-1 et. seq., and this Ordinance.
3. The owner or agent shall request an inspection by the Miami County Health Department at least 2 working days before any portion of the on-site disposal system is covered, in accordance with rules established in 410 IAC 6-8.2-33 (l) et. seq.

1. The Miami County Board of Health shall hear appeals incidental to the issuance and revocation of permits if, within 15 days following the date of receipt of an issued permit, permit modification, a notice of permit denial or notice of permit revocation, any person aggrieved by such action files a petition for review concerning such action with the Board.
2. A petition for review shall state:
   • the name, address, and telephone number (if applicable) of the person making the request;
   • identify the interests of the petitioner which is affected by the permit issuance, denial, modification, or revocation;
   • identify any persons whom the petitioner represents;
   • state with particularity the reasons for the request;
   • state with particularity the issues proposed to be considered;
   • include proposed terms or conditions which, in the judgment of the petitioner, would be appropriate to carry out the requirements of law and 410 IAC 6-10-1 et. seq. or 410 IAC 6-8.1-1 et. seq. Governing such permits.
3. The procedures established in I.C. 4-21.5, the Administrative Procedure and Orders Act, shall apply to the conduct of the hearing.
4. Whenever a Sanitarian has been employed by the Miami County Board of Commissioners, the County Health Officer may appoint such Sanitarian as his agent to receive applications and fees, make inspections and issue permits as required by the various sections of this ordinance.

1. Any person found to be in violation of any provision of this Ordinance or the applicable rules and regulations of the Indiana State Department of Health shall be served with a written order either in person or by certified or registered mail by the County Board of Health or the County Health Officer or his authorized agent. This order shall state the nature of the violation, and provide a reasonable time limit, unless the Health Officer deems an emergency exists, not to exceed 60 days, for the correction of any violation of this ordinance.
2. Any installer, as defined in this ordinance, and certified under Section 6, found to be in violation of any provision of this ordinance or the applicable rules of the Indiana State Department shall receive notice as specified in Section 12, paragraph A. The installer shall have up to 14 days to correct the violation or as otherwise determined by the Health Officer.
3. If the violation is not corrected within the designated time, the Health Officer may suspend or revoke the certification. If the certification is suspended, the certification can be reinstated by the Health Officer upon correction of all violations. If the certification is revoked, the requirements for becoming certified including testing and the payment of the certification fee shall apply prior to re-certification. Re-certification shall not occur until all outstanding violations are corrected to the satisfaction of the Health Officer.
4. Any person or contractor performing work in constructing, installing, replacing, altering, or repairing any on-site sewage disposal system who is not certified in Miami County shall be deemed to be in violation of this Ordinance. A person who is in violation of this Ordinance shall be fined for the first offense, not more than $500; for the second and each subsequent offense, not more than $1000. Each violation of this Ordinance shall constitute a separate violation.
5. Any property owner or other person in lawful possession of real estate who shall continue any violation of this Ordinance beyond the time limit provided for correction of any violations of this Ordinance or who performs any act prohibited herein or shall fail to perform any duty lawfully enjoined or who shall fail, neglect, or refuse to obey any lawful order given by the Health Officer shall be punished for the first offense by a fine of not more than $500; for the second and each subsequent offense not more than $1000. Each day a violation of this Ordinance continues shall constitute a separate offense for which a separate fine may be levied.
6. Application of this Ordinance or any part of this Ordinance is intended to be consistent with 410 IAC 6-8.1-1 et. seq. and 410 IAC 6-10-1 et. seq. Any inconsistency in the direct application of this ordinance with said regulations shall be resolved in favor of the enforceability of those regulations.
7. To the extent, the provisions of 410 IAC 6-10-1 et. seq. and 410 IAC 6-8.1-1 et. seq. are inconsistent with each other than that interpretation provided by 410 IAC 6-10-1 et. seq. shall apply for on-site sewage disposal systems serving business buildings and that interpretation provided by 410 IAC 6-8.1-1 et. seq. shall apply for on-site sewage disposal systems serving residences.

The Health Officer may, in the name of the Commissioners of Miami County, bring actions in the Miami Circuit Court or Superior Court of Miami County for mandatory and injunctive relief for the enforcement of and to secure compliance with any order or orders made by the Health Officer or to otherwise provide for the enforcement of this Ordinance. Any such action for mandatory or injunctive relief may be joined with an action to recover the penalties, costs and expenses provided in this Ordinance. In the event any legal action is necessary to enforce this Ordinance, the Health Officer may seek recovery of costs and expenses reasonably incurred to enforce the provisions of this Ordinance including, but not limited to, reasonable attorney's fees.

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 thereby and shall remain in full force and effect.

This Ordinance shall apply to all Miami County, Indiana, as of the date from and after its adoption and approval by the Commissioners as stated herein and any publication as required by law.

The provisions of Ordinance 3-41 are hereby superseded by this Ordinance.