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On-Site Sewage
Disposal of Miami County Ordinance
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AMENDED ORDINANCE 10-9-2000A
ON-SITE SEWAGE DISPOSAL OF MIAMI COUNTY ORDINANCE 10-9-2000(a)
An Ordinance pertaining to and regulating the design, construction,
installation, maintenance and operation of on-site sewage disposal systems
located within Miami County, Indiana, providing the issuance of permits
therefore, installer certification, and providing penalties for the violation
thereof.
Be it ordained by the Board of Commissioners of Miami county that this Ordinance
is adopted as follows:
SECTION 1. TITLE
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.
SECTION 2. PURPOSE
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.
SECTION 3. AUTHORITY
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.
SECTION 4. ADOPTION OF REGULATIONS BY REFERENCE
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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.
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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 Auditor.
SECTION 5. SUPPLEMENTAL DEFINITIONS
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 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: Means a dwelling as define 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, 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: Means any land development which requires the specific
zoning classification entitled APlanned Development.
PUBLIC WATER SUPPLY: Means a system which provides piped water for human
consumption to at least fifteen (15) service connections or at least twenty-five
(25) people at least sixty (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 one (1) or two (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 ground water 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.
SECTION 6. INSTALLER CERTIFICATION
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.
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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
minimum of $100,000.
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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.
1. 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 two (2) parts and consist of fifty (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 eighty (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, 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 one (1) month following the examination date. An
application fee of $10 must be paid prior to re-examination.
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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.
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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 one (1) year of the expiration date shall be considered void
and the installer must re-apply for Certification and pass the proficiency
test.
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The installer shall maintain in
his possession a copy of the Certification at all times when installing
on-site soil absorptions systems.
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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.
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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 sub paragraph 1 above, conducted by the Health
Department.
SECTION 7. SYSTEM REQUIREMENTS
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.
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No person shall throw, run,
drain, seep or otherwise dispose into any of the surface waters or ground
waters 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.
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Connection to an existing soil
absorption system shall be permitted if the following conditions are met:
1. 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.
2. The existing system has not
malfunctioned.
3. 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.
4. If the existing system shall
fail, there is sufficient space for system replacement.
5. In the event
that a system enlargement is proposed, the enlargement must bring existing
system into compliance with the minimum standards of Rule 410 IAC 6-8.1 or 410
IAC 6-10.
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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 S.E. 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.
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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.
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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 said 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 order of connection.
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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.
SECTION 8. PERMITS
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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 one (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.
SECTION 9. FEES
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A fee of $50.00 for a sewage
Disposal Permit shall be submitted prior to issuance of the Permit.
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A fee of $25.00 for Installer
Certification shall be submitted prior to the issuance or renewal of the
Certification.
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A Property owner as described in
Section 6, paragraph G., is exempt from the installer Certification fee.
SECTION 10. INSPECTIONS
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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 insure compliance with this Ordinance and to verify
no on-site sewage disposal system has failed.
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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 which 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.
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The owner or agent shall request
an inspection by the Miami County Health Department at least two (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.
SECTION 11. PETITION FOR REVIEW
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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, 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.
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A petition for review shall
state: 1. the name, address and telephone number (if applicable) of the
person making the request; 2. identify the interests of the petitioner which
is effected by the permit issuance, denial, modification, or revocation; 3.
identify any persons whom the petitioner represents; 4. state with
particularity the reasons 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 law and 410 IAC 6-10-1 et. seq. or 410 IAC 6-8.1-1 et. seq.
Governing such permits.
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The procedures established in I.C. 4-21.5, the Administrative Procedure and
Orders Act, shall apply to the conduct of the hearing.
A.
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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.
SECTION 12. ENFORCEMENT
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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.
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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 fourteen (14) days to correct the violation or as
otherwise determined by the Health Officer.
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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.
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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
violation on 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.
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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 $500.00; 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.
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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 enforceability of those regulations.
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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 then 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.
SECTION 13. REMEDIES
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.
SECTION 14. SEVERABILITY
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.
SECTION 15. EFFECTIVE DATE
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.
SECTION 16. REPEALER
The provisions of Ordinance 3-41 are hereby superseded by this Ordinance.
THE BOARD OF COMMISSIONERS OF THE COUNTY OF MIAMI
________________________________________________________
Mike Moris, President
_________________________________________________________
Chase Huber, Vice President
_________________________________________________________
Robert Althouse, Member
___________________________________________________________
Karen Large, Auditor
____________________________________________________________
Dated
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