County Commissioner Ordinance - June 1971'�-� �
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AN ORDINANCE REGULATING THE INSTALLATION, CONSTRUCTION, MAINTENANCE
AND OPERATION OF PRIVATE SEWAGE DISPOSAL SYSTEMS� AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
ge it ordained and enacted by the goard of �ommissioners of
Gibson �ounty, State of Indiana, as follows:
ARTICLE I
DEFINITIONS
pnless the context specifically indicates otherwise, the
meaning of terms used in this ordinance shall be as follows;
SECTION 101
��$ewage�� shall mean any combination of human excreta and waste
water from water closets, laundries, sinks, bathing facilities, and
other objectionatile waste waters.
SECTION 102
��public sewer�� shall mean any sewer constructed, installed,
maintained, operated and owned by a municipaltiy or a taxing dis-
trict established for that purpose. A county sewer installed for
the purpose of carrying surface water run-off and sub-soil drainage
shall not be considered a public sewer under this definition.
SECTION 1�3
^Sewer�� shall mean a pipe or conduit for carrying sewage.
SECTION 104
'�Combined sewer�� shall mean a sewer receiving both surface
water ruri-off and sewage.
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SECTION 1�5
"Sanitary sewer^ shall mean a sewer which carries sewage and to
which storm, surface and ground waters are not intentionally admitted.
SECTION 106
"Sewage disposal system" shall mean any arrangement of devices
and structures used for receiving, treating, and disposing of sewage.
SECTION i0�
��private sewage disposal system�� shall mean any sewage disposal
system not constructed, installed, maintained, operated and owned by
a municipality or a taxing district established for that purpose.
SECTION 108
^person'� shall mean an individual, firm or corporation.
SECTION 109
��Health Ofiicer�� shall mean the Gibson �ounty Health Officer,
or his duly authorized representative,
ARTICLE II
PRIVATE SEWAGE DISPOSAL SYSTEMS
SECTION 201
Where a public sanitary or combined sewer is not available,
all persons owning or leasing property shall comply with the fol-
lowing provisions of this ordinance for private sewage disposal
systems.
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SECTION 2�2
It shall be unlawful for any person to place, deposit, or permit
to be deposited in an insanitary manner upon public or private pro-
perty within the County of Gibson, State of Indiana, or in any area
under the jurisdiction of said County, any human excrement or sewage.
SECTION 2�3
At any business building situated within the County of Gibson,
gtate of Indiana, where there is installed a sewage disposal system
which is not connected to a public sewer system, or no public sewer
system is available, there shall be established, installed or con-
structed and maintained a private sewage disposal system which shall
comply with the standards of the Indiana State goard of Health as con-
tained in Bulletin S.E. 13 of the Indiana State goard of Health or in
such other manner as approved by the Indiana State goard of Health.
Copies of said 3ulletin S.E• 13 are herewith incorporated by refer-
ence as part of this section and two copies are filled in the office
of the County Auditor and �ounty Health Officer for public inspection.
SECTION 204
Any privy situated within the �ounty of Gibson, State of Indiana,
shall be of the sanitary tyoec 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 properly to protect water supplies
from contamination.
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All private residential sewage disposal systems and privies shall
be installed, constructed and maintained in an approved manner as des-
cribed in Bulletins S.E. 8 and 11 of the Indiana State Board of Health,
copies of which are herewith incorporated by reference as a part of
this section and two copies filed in the office of the County Auditor
and County Health Officer for public inspection.
SECTION 206:
The installation of any other private residential sewage disposal
systems not described in Indiana State Board of Health Bulletins S.E.
8 and 11 of inechanical, chemical, or other means may be approved by the
Gibson County Health Officer after applicant has filed the requirements,
plans and specifications of such device or system in the Health Office
of Gibson County. �
SECTION 207:
Should any defect exist or occur in any private sewage disposal
system or privy which would cause said sewage system or privy to fail
to meet the requirements in Section 203, Section 204 and Section 205
and cause any insanitary condition, the defect shall be corrected
within the time limit as established in accordance with provisions of
Section 210 herein; and said corrective action shall be the responsi-
bility of the owner or agent of the owner. Failure to do so shall be a
violation of this ordinance and the violator shall be subject to the
penalties prescribed in Section 601 of this ordinance.
SECTION 208:
Wherever a public combined or sanitary sewer becomes available
and is adjacent to and/or within 150 feet of the property line of the
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residential or business property, served by a private disposal system
or privy, situated within the County of Gibson, State of Indiana;
and any septic tanks, seepage pits, outhouse, privy pits and similar
sewage disposal and treatment facilities shall, in the finding of the
Health Officer, become inoperative and cannot be corrected to meet the
provisions of this ordinance; then such facilities shall be abandoned
and filled 'in a safe and sanitary manner and connection shall be made
to said sewer.
SECTION 209:
Whenever a new business or subdivision is developed in an area
where a public combined or sanitary sewer is available, a connection
shall be made to said sewer if such connection can be made at a reason-
able cost.
SECTION 210:
After receiving an order in writing from the County Board of Health
or the duly appointed Health Officer, the owner or agent of the owner
of the property shall comply with the pro.visions of this ordinance as
set forth in said order and within the time limit included therein.
Said order shall be served on the owner or agent of the owner.
ARTICLE 111
PERMITS AND INSPECTION
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SECTION 301:
Before co�encement of construction of any building or private
residence where a private sewage disposal system or privy is to be in-
stalled or where any alteration, repair or addition of an existing pri-
vate sewage disposal system is planned, the owner or agent of the owner
shall first obtain a written permit signed by the Countq Health Officer.
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Such permit shall be made on a form provided by Gibson County Board of
Health, which application shall be supplemented by any plans, specifi-
cations and other information as is deemed necessary by the County
Health Officer.
SECTION 302:
The County Health Officer or his agent, shall be allowed to inspect
the work at any state of construction; and, in any event, the applicant
for the permit shall notify the County 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.
SECTION 303:
The permit shall be posted in a conspicuous place at or near the
building where the sewage disposal system is under construction.
ARTICLE IV
POWERS FOR INSPECTION
SECTION 401:
The County Health Officer or his agent bearing proper credentials
and indentifications shall be permitted to enter upon all properties
at the proper time for purposes of inspection, observation, measure-
ment, sampling and testing necessary to carry out the provisions of
this ordinance.
ARTICLE V
NOTICES
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sECTZOn� 501:
Any person found to be violating any provlsion of this ordirs�nce
may Ue served by the County Board of Health or the duly appointed
Hea1tY? Officer, with a written order stating the nature of the >>iola-
tion and providing a time limit for satlsfactory correction thereof.
ARTICLE V1
P�VALTIES
S?CTIOA? 601:
1ny person found to be violatina any provision of this ordir.ance
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shall be cBzilty of a misde�eanor. On conviction the vioZator sh�ll be
punished for the first offense by a fine of not more than five hundred
dollars; for the second offense by a flne of not more than one thous-
and dollars; and for the third and each subsequent off�nse by a fine
of not more than one thousand dollars to whlch may be addod Smprl�on-
ment for any determinate period not exceeding ninety days, and each
day after the expiration of the time limit for abatin� insanitary con-
ditions as ordered by the County Board of Health or by the dulq appoint-
ed Eealth Officer of the County, shall constitixte a distinet and separ-
ate offense.
ARTICLT.: Vll
VALIDImy
SECTIOA? 701:
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTI017 702:
The invalidity of any sectlon, clause, sentence or provision of
Lh1S o'Cd.lnnn40 r.t,��.��, n�c :Lrr��� I:hr? vi�].1.�11,I:y of nn,y oL•t�n�r �e,rl: ol' biil.;'
ordinance.
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ARTICL� VIII
OADIN!1ivCE IN rORCE
SECTIOfi 801:
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Thls ordinance shall be in full force flnd effect from Rnd after
it•s passage, approval, recording and publlcatlon as provlded Uy laca.
SECTIOid 802:
Passed and adoptea by the Commissioners of Gibson County, 3tate
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of Indiana, on this o2 � day of
The Board of Commissioners of Gibson County, Indiflna.
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