County Commissioner Ordinance-September 1997-5.:_ - ia6�
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AN ORDINANCE REGULATZNG PRIVATE SYSTEMS
LOCATED IN GIBSON COUNTY, INDIANA
ORDINANCE NO: 1997 - �Q
WHEREAS, an ordinance pertaining to and regulating the
design, construction, maintenance and operation of private sewage
disposal systems located in Gibson County, Indiana, providing for
the issuance of permits therefore and providing penalties for the
violation thereof, is needed in Gibson County, Indiana.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS of Gibson
County as follows:
1) TITLE. This Ordinance and all ordinances
supplemental or amendatory hereto shall be known as the Private
Sewage Disposal Ordinance of Gibson County, and may be cited as
such and will be referred to herein as "this Ordinance"
2) PURPOSE. The purpose of this Ordinance is to provide
minimum standards for the prevention and suppression of disease
and health risk associated with the use of private sewage
disposal systems and to otherwise promote public safety and
welfare and protection of the environment.
3) AUTHORITY. The Health Officer of Gibson County, as
hereinafter defined, and the health officer's agents are hereby
authorized to issue permits, 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.
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9)
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ADOPTION OF STATE REGULATIONS BY REFERENCE.
A. The regulations found in 910 IAC 6-8.1 are hereby
incorporated by reference into this Ordinance and shall
include any later amendments to those regulations the same
are published in the Indiana Register of the Indiana
Administrative Code with effective dates as fixed therein.
B. Copies of 910 IAC 6-8.1 are available and on file
in the office of the Gibson County Health Department and the
Gibson County Auditor.
5) SUPPLEMENTAL DEFINITIONS. Zn addition to or otherwise
to supplement those definitions in 410 IAC 6-8.1 (which is
incorporated herein by reference) this Ordinance shall include
the following definitions:
HEALTH OFFICER: Shall mean the Health Officer of Gibson
County, appointed by the Board of Commissioners of Gibson
County.
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RESIDENCE
Shall mean the Gibson County Board of Health.
means a dwelling, as defined in 410 IAC 6-8.1-7.
COMMERCIAL: This applies to all structures that are not
residences and includes structures used for not-for-profit
purposes.
6) SYSTEM REQUIREMENTS. Where a sanitary sewage system is
not available, all persons owning, leasing, or otherwise
occupying property shall comply with 410 IAC 6-8.1 and 910 IAC 6-
10 and the following provisions of this Ordinance for a private
sewage disposal system.
A. No person shall throw, run, drain, seep, or
otherwise dispose into any of the surface waters or ground
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waters of Gibson County, or cause, permit, or suffer to be
thrown, run, drained, allowed to seep or otherwise disposed
into such waters, any organic or inorganic matter from a
dwelling or private sewage disposal system, tha't would cause
or contribute to a health hazard or water pollution.
B. Privies shall not be installed in Gibson County
unless it can be shown that a water carriage sewage disposal
system cannot be used. (The privy has limited capacity to
handle water borne waste, and assurances that a water supply
either public or private wi11 not be installed or would not
produce sewage will be required by the owner. Failure to
abide by those assurances will be a violation of this
Ordinance.]
C. Should a private sewage disposal system fail, the
failure shall be corrected by the owner or occupant of the
property served by such system within the time limit set by
the Health Officer.
D. Whenever a public sanitary sewage system becomes
available and is within 300 feet of the property line or
property upon which a building is situated within Gibson
County, Indiana, and that building is used as a dwelling or
commercial building and is served by a private sewage
disposal system or privy, a direct connection of the
building sewer shall be made to said sanitary sewer and any
septic tanks, seepage pits, outhouse, privy pits and similar
sewage disposal and treatment facilities shall be abandoned
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and filled in a safe and sanitary manner. The direct
connection shall be made within 180 days of issuance of
orders to connection.l [If such a connection would produce
an unreasonable hardship in the affected parties opinion,
the party may appeal to the Board of Health.]
7) PERMITS.
A. Application.
(1) Before the commencement of construction,
alteration or repair of a private sewage disposal
system, the owner or the owner's agent shall apply in
writing to the Gibson County Health Office for a permit
to construct, alter, or repair a private sewage
disposal system, which application shall contain
information deemed necessary by the Health Officer as
well as the information required in 410 IAC 6-8.1 and
410 IAC 6-10.
(2) A permit for the installation of a private
sewage disposal system, whether issued prior to or
after the adoption of this Ordinance, shall lapse and
be void if work has not been started within a year and
completed within 60 days.
(3) The permit to install private sewage disposal
system shall be posed in a conspicuous place at or near
the building where the sewage disposal system is to be
constructed. The notice shall be plainly visible from
the public thoroughfare serving the building.
(4) A permit sha11 not be issued if it would
violate the provisions of 410 IAC 6-8.1 and 410 IAC 6-
10 or any other statute or regulation, or could be
reasonably expected to cause or contribute to
unsanitary conditions or unacceptable pollution of the
environment.
(5) Before replacement of any broken or iailed
part of an existing functioning septic system, the
owner shall apply for a permit which the Health
Department shall grant, if satisfied that the system is
properly functioning. If, upon review of the
application, the proposed repair increases or modifies
the volume or the distribution capabilities of the
system, the application shall be handled in accordance
with Section 1 of this paragraph.
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B. Fee.
(1) A fee of Fifteep Dollars ( 15.00) shall be �
�harged for a�permitsv-(` K� t-�S��-+�., tJo -{'ec, g�a.
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(2) Funds generated by this Ordinance shall be
deposited in the Gibson County Health Department fund.
8) INSPECTION. The Board, its agent or the Heal'th Officer
or officer's agent shall be permitted, with cause, to enter upon
all properties for the purpose of inspection, observation,
measurement, sampling and testing necessary to insure compliance
with this Ordinance and to determine if a private sewage disposal
system has failed.
9) ABANDONED TANKS. All abandoned septic and drywell
tanks shall be removed from the ground, or shall be opened and
filled with an inert material approved by the County Health
Department.
10) PETITZON FOR REVIEW.
A. The Gibson County Board of Health may hear appeals
incidental to the issuance and revocation of permits if,
within fifteen (15) days following the date of receipt of
the permit specification, an issued permit, permit
modification „ notice of permit denial or revocation, any
person aggrieved by such action shall file a petition for
review concerning such action with the Board.
B. A petition for review should state the following:
(1) The name, address and telephone number (if
applicable) of the person making the request;
(2) Identify the interests of the petitioner
which is affected by the permit action;
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(3) Identify any person the petitioner
represents;
(4) State with particularity the reason for the
request;
(5) State with particularity the issues proposed
to be considered;
(6) Include proposed terms or conditions which,
in the judgment of the petitioner, would be appropriate
to carry out the requirements of the law and 410 IAC 6-
8-1 or 410 IAC 6-10 governing such permits.
11) ENFORCEMENT.
A. Any person found to be violating any provision of
this Ordinance shall be served with a written order which
states the nature of the violation and provides a reasonable
time limit for correction of the specified violations of
this Ordinance. The written order shall be served upon the
owner and the occupants by certified mail; personal service
by the Health Officer or agent; or the County Sheriff.
B. Any person who shall continue any violation of
this Ordinance beyond the time limit provided in the notice,
or who performs any act prohibited in the ordinance or who
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 One Hundred Dollars ($100.00). Each
day a violation of this Ordinance continues shall constitute
a separate offense for which a separate fine may be levied.
The Health Officer shall have discretion to waive or reduce
fines if appropriate.
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C. Application of this Ordinance or any part of this
Ordinance is intended to be consistent with 910 IAC 6-8.1
and 910 IAC 6-10. Any inconsistency in the application of
this Ordinance to the regulations shall be resolved in favor
of enforceability of those regulations.
D. To the extent the provisions of 410 IAC 6-8.1 and
410 IAC 6-10 are inconsistent with each other then that
interpretation provided by 910 IAC 6-10 shall apply for
private sewage disposal systems serving commercial buildings
and that interpretation provided by 401 IAC 6-8.1 shall
apply for private sewage disposal systems serving
residences.
12) REMEDIES. The Health Officer may, in the name of the
Gibson County Health Department, bring actions in the Courts of
Gibson 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 the Ordinance
including, but not limited to, reasonable attorney's fees.
13) SEVERABILITY. Should any section, paragraph, sentence,
clause or phrase of this Ordinance be declared unconstitutional
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or invalid for any reason, the remainder of said Ordinance shall
not be affected thereby and shall remain in full force and
effect.
14) EFFECTIVE DATE. This Ordinance shall apply to all of
Gibson County as of the date from and after its adoption by the
Commissioners of Gibson County as stated herein and the
publication required by law.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF_
GIBSON COUNTY, INDIANA this � day of September, 1997.
BOARD OF COMMISSIONERS
OF GZBSON COUNTY, INDIANA
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L, Member
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ROGE MYER , Member
ATTEST:
KEN W. G UBEL, Auditor Gibson County
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