Chapter 8.20
PRIVATE SEWAGE DISPOSAL SYSTEMS
Sections:
8.20.020 Requirements for a private sewage disposal system--Connection with public sewers.
8.20.030 Permits for addition, alteration, installation or repair.
8.20.040 Minimum size of building lots.
8.20.050 Construction, installation, maintenance, operation and repair.
8.20.060 Holding tank regulations.
8.20.090 Violation and enforcement procedures.
8.20.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Building lots” means and includes all areas, regardless of acreage, situated within the county upon which are located or legally approved for the location of residential, business, recreational, or other buildings.
“Combination sewer” means a sewer which receives both sewage and surface water runoff.
“Distribution box” means a structure designed to equally distribute septic tank effluent to the following parts of the sewage disposal system.
“Health department” means the Vanderburgh County health department.
“Health nuisance” means any condition which may be deleterious to public health, may spread or promote disease, provide food, harborage, or breeding medium for insects or rodents, or be a potential contaminate for surface or groundwater.
“Health officer” means the person holding the position of Vanderburgh County health officer, having been appointed by the Vanderburgh County board of health, or that person’s duly authorized representative.
“Holding tank” means a self-contained, leakproof, watertight reservoir used for the purpose of collection and temporary storage of sewage prior to proper disposal of the sewage at an approved disposal facility (i.e., municipal sewage treatment plant) by an ISBH licensed septic tank cleaner. The holding tank shall be constructed to meet the ISBH standards for private sewage disposal system septic tanks and shall have all outlets adequately sealed and protected so as to prevent leakage or access by rodents or insects.
“ISBH” means the Indiana State Board of Health.
“Limiting layer” means any subsurface horizon which has a loading rate as determined from the loading rate tables utilized by the ISBH for soil suitability for the installation of private sewage disposal systems that is not less than 0.25 gallons per day per square foot nor more than 1.25 gallons per day per square foot.
“Loading rate” means the allowable rate of application of septic tank effluent to the soil. The loading rate is to be expressed in gallons per day per square foot.
“Maintenance agreement” means a signed and notarized legally binding agreement for maintenance exists between the property owners or the agents of the property owners and an ISBH licensed septic tank cleaner, granting and conveying to the cleaner by the owners or agent of the owners an easement in gross to come upon the land for the purpose of inspecting, repairing, and/or cleaning the sewage holding tank connected to the private sewage disposal system and/or serving the property.
“Owner” means the person whose name appears as the deed holder on the deed to the property being referenced.
“Perimeter drain” means a trench constructed for the purpose of intercepting and diverting near surface and surface water away from the private sewage disposal system.
“Permit” means a written document issued by the health department authorizing a person to install, construct, maintain, operate, or repair a private sewage disposal system as per an approved plan, design, and specification complying with the provisions of this chapter and ISBH Rule 410 IAC 6-8 and amendments thereto.
“Person” means any association, company, copartnership, corporation, estate, firm, individual, or any other legal entity, its or their successors or assigns or agents of the aforesaid.
“Private sewage disposal system” means any sewage disposal system not constructed, installed, maintained, operated, and owned by a municipality, a taxing district, or a corporation or organization possessing a “Certificate of Territorial Authority” issued by the Indiana Utility Regulatory Commission or its predecessor, Indiana Public Services Commission and established for that purpose.
“Public sewer” means any conduit for sewage constructed, installed, maintained, operated, owned, or defined as such by a municipality, taxing district, or corporation possessing a “Certificate of Territorial Authority” issued by the Indiana Utility Regulatory Commission or its predecessor, Indiana Public Service Commission and established for that purpose. A system of conduits installed for the purpose of carrying surface water runoff and subsurface water drainage shall not be considered a public sewer under this definition unless the public sewer in question has been defined as a combination sewer by the Evansville water and sewer utility department.
“Repair permit” means a permit issued by the health department for the purpose of adding to, altering, repairing, or installing a private sewage disposal system on a property on which there is an existing structure from which sewage may be discharged.
“Sanitary privy” means a fly-tight, rodentproof sewage disposal system for the purpose of disposal of body waste as presented in the ISBH Bulletin S. E. 11 and amendments thereto.
“Sanitary sewer” means a sewer that carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
“Septic tank absorption field system” means the sewer from the house to the septic tank, the septic tank, the septic tank effluent sewer, distribution boxes, the perimeter drain, and any absorption seepage lines attached thereto.
“Sewage” means the water-carried waste derived from ordinary living processes, including but not limited to human excreta and wastewater derived from water closets, urinals, laundries, sinks, utensil washing machines, bathing facilities, or similar facilities or appliances.
“Sewage disposal system” means any arrangement of devices and structures used for receiving, treating, disposing, and storing of sewage.
“Sewer” means a pipe or conduit for conveying sewage.
“Site evaluation and soil profile analysis” means a report documenting the physical characteristics of the local topography, soil profile, depth to bedrock (where discernible), limiting layers, groundwater levels and any other local features which might affect the suitability of the site for the installation and operation of a private sewage disposal system. This report may be prepared by the health department, an ISBH approved soil scientist, a professional engineer licensed in Indiana, or an SCS district conservationist.
“SCS” means the United States Department of Agriculture, Soil Conservation Service.
“Soil scientist” means an individual whose soils evaluation work in regards to sewage disposal system installations and repairs has been accepted by the ISBH and is on the listing provided to the health department for distribution.
(Prior code § 51.01)
8.20.020 Requirements for a private sewage disposal system--Connection with public sewers.
A. Where a public sanitary or combined sewer is not available, all persons owning, leasing, or on record at the county recorder’s office as a contract buyer of property, shall comply with the provisions of this chapter and ISBH Rule 410 IAC 6-8 and their amendments, for the installation, maintenance, and operation of private sewage disposal systems.
B. Any business, dwelling, recreational building, or other structure on property which abuts on any alley, easement, right-of-way, or street in which there is located a public sewer and from which sewage may originate, may utilize a sewage disposal system that is not connected to the public sewer when the improvements are located at least three hundred (300) feet form the public sewer and the sewage disposal system has not been found to be creating a health nuisance. Should said sewage disposal system be found by the health department to be a health nuisance, it shall be properly abandoned within ninety (90) days of the receipt of written notice to do so from the health officer and a connection to the public sewer, approved and inspected by the Evansville water and sewer utility department, shall be made.
(Prior code § 51.02)
8.20.030 Permits for addition, alteration, installation or repair.
A. No person shall install or cause to be installed a private sewage disposal system or privy or alter, add to, or repair an existing private sewage disposal system without first obtaining a permit to do so from the health department.
B. The application for such permit shall be made on a form provided by the health department and shall be supplemented by any plans, specifications, and other information as is deemed necessary by the health department.
C. A permit and inspection fee in the amount specified in Section 8.20.100 of this chapter shall be paid to the health department at the time the application is filed.
D. No permit shall be issued for the installation of a private sewage disposal system not designated as a repair system by the health department unless a site evaluation and soil profile analysis has been completed and filed with the health department. All subdivisions not served by a public sewer and platted after the date of the ordinance codified in this chapter shall have a site evaluation and soil profile analysis completed for each individual lot prior to the health department endorsing the project for recording.
E. A permit issued for a private sewage disposal system shall not become effective until the installation is completed in compliance with the standards set forward in this chapter and its incorporated references and in the approved design of the system. All such installations shall be made in accordance with plans and specifications approved by the health department for that particular installation.
F. A representative of the health department shall be allowed to inspect the system at any stage of construction and the applicant for the permit shall notify the health department when the work is ready for partial or final inspection, as requested by the health department. The inspection and determination shall be made within two working days of the receipt of notification by the health department. The inspection shall be completed before any portion of the system has been covered with soil except when there are extenuating circumstances as determined by the health department. The authorized representative of the health department allowing for the covering of the system prior to a completed inspection shall set forth the extenuating circumstances in writing, and the report shall be kept on file at the health department.
G. The permit issued for a private sewage disposal system shall be posted in a conspicuous place at or near the building where the private sewage disposal system is under construction.
H. No permit shall be issued for the installation of a holding tank in the county until a site evaluation and profile analysis has been conducted by the health department, except where the slope of the site precludes the installation of any other ISBH or health department approved private sewage disposal system.
I. Permits for the installation of holding tanks and privies shall be issued only after it has been shown by any analysis, testing, and measurement that the health department may require that the property for which the permit is being applied cannot be served by some form of private sewage disposal system that can be approved by the ISBH and the health department or cannot access a public sewer. A signed and notarized maintenance agreement shall be filed with the health department prior to the permitting of installation of a holding tank in lieu of a private sewage disposal system or public sewer connection.
J. When the applicant for a private sewage disposal permit decides to engage the services of the health department for the purpose of performing the site evaluation and soil profile analysis on the property for which the permit is being applied, the health department shall complete the analysis within ten (10) working days when the project contains less than ten (10) individual lots. Time calculations begin when the prerequisites for performing the analysis imposed by the health department have been fulfilled by the responsible party (e.g. surveying, staking of the property, delivery of SCS plat of the property, etc.). On projects involving more than ten (10) individual lots, the health department reserves the right to temporarily discontinue work on the site evaluation and soil profile analysis so as not to impose unreasonable waiting periods on other applicants. The ten (10) day period for conducting the analysis may be extended when weather or soil conditions, or manpower shortage dictates such an extension. In such instances, the applicant may request a written account of the conditions leading to the time extension.
(Prior code § 51.03)
8.20.040 Minimum size of building lots.
A. Building sites to be considered for private sewage disposal system permits shall meet the minimum lot size requirements as defined in Section 16.12.020(C)(1) of this code and amendments thereto. Section 16.12.020(C)(1) and amendments thereto are incorporated by reference as part of this section and two copies are on file at the county auditor’s office and the health department.
B. There shall be no minimum lot size requirements for the permitting of holding tanks when they are being installed for the purpose of eliminating an existing health nuisance as determined by the health department.
(Prior code § 51.04)
8.20.050 Construction, installation, maintenance, operation and repair.
A. At any business or recreation building that is not intended as a one- or two-family dwelling from which sewage may originate and that is situated within Vanderburgh County where there is installed a sewage disposal system that is not connected to a public sewer system and no public sewer system is available for access or extension (as defined in Section 8.20.010 of this chapter), there shall be established, installed, constructed, maintained, operated, and, if necessary, repaired a private sewage disposal system that shall comply with the standards of the ISBH as contained in Bulletin S. E. 13 or Bulletin S. E. 11 and amendments thereto or in such other manner as approved by the ISBH. Bulletin S. E. 13 and Bulletin S. E. 11 and amendments thereto are incorporated by reference as part of this section, and two copies are filed for public inspection in the office of the county auditor and the health department.
B. All private one- and two-family dwellings, and any structures from which sewage may originate that are not covered in Section 8.20.010 or 8.20.060A of this chapter, and not served by public sewer or a sanitary privy as approved in Sections 8.20.020 and 8.20.030 of this chapter, shall be served by a private sewage disposal system that is constructed, installed, maintained, and operated in compliance with the standards set forth in ISBH Rule 410 IAC 6-8 and any applicable sections in the Vanderburgh County Code and amendments thereto. ISBH Rule 410 IAC 6-8 and amendments thereto are incorporated by reference as a part of this section, and two copies are filed for public inspection in the office of the county auditor and the health department.
C. Any privy located within the county shall be of the sanitary type and shall be constructed, installed, maintained, and repaired to specifications set forth in ISBH Bulletin S. E. 11 and amendments thereto. All privies shall be constructed, installed, maintained, operated, and when necessary, repaired so as to prevent contamination of surface and groundwater, exclude rodents and insects, preclude any health nuisances, and be located so as not to interfere with or detract from the rights of adjoining or potentially aggrieved property owners.
D. The installation of any sewage disposal system not described in the ISBH Rule 410 IAC 6-8, Bulletin S. E. 11, Bulletin S. E. 13, and amendments thereto or in regulations of the health department and amendments thereto may be approved by the health department if those plans have prior approval from the Sanitary Engineering Division of the ISBH. These systems shall be designated as experimental and should such an experimental system cause or create any present or future health hazard or nuisance as determined by the health department, that system shall be replaced with a standard subsurface absorption field or other site suitable system within ninety (90) days after receipt of the official written notice from the health officer.
E. Septic tanks shall have a minimum liquid capacity of one thousand (1,000) gallons below the water line.
F. Septic system absorption fields not designed as elevated sand mound systems or designated as repair systems by the health department shall be a minimum of one thousand two hundred (1,200) square feet in size. When one thousand two hundred (1,200) square feet is less than the design requirements arrived at by using ISBH sewage disposal system sizing formulas, the system shall be sized to the specifications of the ISBH. Where the system is being installed to serve a residence with more than three bedrooms, an additional one hundred fifty (150) square feet of absorption trench shall be added to the system size for each additional bedroom. Where size or the physical conditions of the lot may dictate that the private sewage disposal system contain less than one thousand two hundred (1,200) square feet of absorption area as determined by any tests, plans, or specifications that the health department may require, the system shall be designed and installed so that the total square feet of absorption field area is as close in volume to the one thousand two hundred (1,200) or more minimum square feet of absorption trench are for the application as is possible. The health department may require that the system be designed by a professional engineer licensed in Indiana.
G. Elevated sand mound systems shall be constructed, designed, installed, maintained, and repaired to ISBH standards set for in ISBH Rule 410 IAC 6-8 and amendments thereto.
H. Any private sewage disposal system which is designed to utilize three or more one-half or full bathrooms, garbage disposal, swimming pool, or any other device which may consume an exaggerated amount of water, utilized separately or in combination, shall be required to be served by an expanded absorption field. The required addition shall be that amount of square footage of absorption trench area required for one bedroom as determined by the ISBH Rule 410 IAC 6-8 and amendments thereto.
I. Holding tanks may, at the discretion of the health department, be approved for installation to receive the sewage generated on a building site in situations where the lot is not or cannot be approved under existing legislation for an on-site sewage disposal system but the lot has been given prior legislative approval as a building site. Holding tanks may also be approved by the health department where there is an existing sewage generating building and there are no means for on-site sewage disposal or adequate repairs to eliminate a health nuisance due to the lot size or the physical condition of the lot with regards to soils, bedrock, water table, limiting layer, or other such condition which may prohibit adequate absorption and treatment of sewage.
J. Whenever additions, alterations, or repairs must be made to an existing system in order to comply with court orders, laws, ordinances, or regulations, the health officer may waive any of the requirements of this chapter and ISBH regulations and amendments thereto, if by doing so a potential health hazard may be eliminated and so long as prior written approval for that variance on ISBH regulations has been obtained by the health department from the ISBH.
K. In the event that a private sewage disposal system is covered with soil before it can be properly inspected and approved by the health department, the health department may require that the private sewage disposal system be unearthed for inspection before a final approval of the system is given by the health department.
L. Perimeter drains shall be located so as to adequately protect the septic tank absorption field system from surface water and near surface groundwater and shall extend to a sufficient depth to lower the seasonal water table below the center of the septic tank absorption field system.
M. Perimeter drain construction shall conform to Sec. 43 of the ISBH Rule 410 IAC 6-8 and amendments thereto for construction of subsurface drainage. ISBH Rule 410 IAC 6-8 is incorporated by reference as part of this section and two copies are on file at the county auditor’s office and the health department.
N. All materials used in the construction of sewage disposal systems in the county or any area under the jurisdiction of the health officer shall be of a type approved by the ISBH in ISBH Rule 410 IAC and amendments thereto or have the written approval of the ISBH and the health department. This includes distribution boxes, gravel, sewage pumps, septic tanks, sewers, and all other parts of a sewage disposal system.
O. No private sewage disposal system may be installed at a time when soil moisture content is great enough so that normal construction practices may cause smearing or polishing of the slides of the trenches in the absorption field portion of a sewage disposal system. Installation during such times will be grounds for rejection of the sewage disposal system by the health department.
P. No portion of a private sewage disposal system shall be constructed on property other than the property from which the sewage originates unless easements, which grant permission for such construction and access for sewage disposal system maintenance, have been obtained, approved, and recorded for that property by the proper authority or commission.
(Prior code § 51.05)
8.20.060 Holding tank regulations.
A. The minimum size of any holding tank approved for installation in the county shall be two thousand (2,000) gallons.
B. The maximum distance from the primary access road to the holding tank shall not exceed one hundred (100) feet.
C. All holding tanks shall be located in accordance with the requirements for septic tanks, dosing tanks, and lift stations in Table II of ISBH Rule 410 6-8 and amendments thereto and shall be located so as to be conveniently accessible for removal of the sewage by the party with whom the maintenance agreement is reached.
D. No property in the county or under the jurisdiction of the health department shall be served by a holding tank unless the owner or agent of the owner is currently legally bound to a maintenance agreement.
E. The health department shall be provided with proof of payment to the party into which the maintenance agreement for removal of the sewage from the holding tank is reached within five working days of a written request from the health department. Proof shall be in the form of a signed and dated receipt or a cancelled check dated appropriately.
F. Every company, corporation, or person who pumps, removes, and/or hauls the sewage from a holding tank or septic tank located in this county or under the jurisdiction of the health department, must be licensed by the state (ISBH) and must register with the health department. The registrant must notify the health department of every maintenance agreement which expires or is cancelled, suspended, or terminated. The notification must be in writing, include the address of the property for which the agreement was in effect at the time of cancellation, and be delivered to the health department within fourteen (14) days from the date of cancellation, suspension or termination.
G. Audio and visual alarms designed to monitor the liquid level within the holding tank must be installed and maintained in working condition on all holding tanks permitted by the health department.
H. Holding tank construction thickness specifications shall conform to the minimum thickness standards for private sewage disposal tanks as required in ISBH Regulation 410 IAC 6-8 and amendments thereto.
(Prior code § 51.06)
8.20.070 Prohibited acts.
A. It is a violation of this chapter for any person to deposit, place, or permit any human excrement or sewage to be deposited in an unsanitary manner upon public or private property in the county or in any area under the jurisdiction of the county or the health officer.
B. It is a violation of this chapter to add to, alter, install, repair, or replace any noncommercial, nonmunicipal private sewage disposal system in the county or any area under the jurisdiction of the county or the health officer without first obtaining a permit from the health department, unless a permit has been issued for that procedure by the ISBH.
(Prior code § 51.07)
8.20.080 Defects.
A. Should any defects exist or occur in any private sewage disposal system or privy in the county or any area under the jurisdiction which would cause said sewage disposal system or privy to fail and/or cause a health nuisance or unsanitary condition, the defect shall be corrected by the owner or agent of the owner, or occupant or agent of the occupant, within the time limit set by the health officer in a written order stating the nature of the violation and establishing the time limit for the corrective action to be completed.
B. The health officer or his duly authorized representative shall be permitted to enter upon all properties under the jurisdiction of the health officer at the proper time for the purpose of inspection, measurement, observation, and testing necessary to assure compliance with this chapter and ISBH Regulation 410 IAC 6-8, Bulletin S. E. 13, Bulletin S. E. 11, and amendments thereto. This authority is derived from Section 33(c) of ISBH Rule 410 IAC 6-8 and amendments thereto and ISBH Rule 410 IAC 6-8 and amendments thereto are incorporated by reference in this section.
(Prior code § 51.08)
8.20.090 Violation and enforcement procedures.
A. Any person found to be violating any provisions of this section may be served by the health officer with a written order stating the nature of the violation and the time limit for completion of the corrective actions necessary to eliminate the violation.
B. After receiving the written order outlined in subsection A of this section from the health officer, the owner, agent of the owner, occupant or agent of the occupant of the property upon which the violation has originated shall comply with the provisions of this section and ISBH Rule 410 IAC 6-8 and amendments thereto within the time limit set forth in the order.
C. Upon failure of the responsible person as notified in subsection B of this section to comply with the provisions of the order issued by the health officer, the health officer may issue a citation for the violation to the responsible party using the uniform traffic ticket or similar citation form which shall be issued to them.
D. At the discretion of the health officer, a violation of this section may be referred to the county attorney’s office for legal action without the issuance of a citation.
(Prior code § 51.09)
8.20.100 Fee schedule.
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A. |
Permits: |
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1. |
New Systems |
$80.00 |
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2. |
Repair Systems |
$80.00 |
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3. |
Commercial Systems |
$100.00 |
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B. |
Existing System Inspection |
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1. |
Existing System Inspection Only |
$70.00 |
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2. |
Existing System Inspection and Well Water Test Bundle* |
$84.00 |
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*Bundles Include Inspection of Existing Septic System ($70.00) and Well Water Testing ($20.00) for a discounted fee of $84.00. |
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(Ord. 12-14-008 § 2, amended, 12/16/2014; Ord. 08-13-008 § 5, amended, 8/27/2013; prior code § 51.10)
8.20.110 Violation--Penalty.
A. Any person who violates the provisions of this chapter shall be subject to a civil fine of not less than ten dollars ($10.00) nor more than two thousand five hundred dollars ($2,500.00) for each violation as determined under rules and regulations of the Vanderburgh County board of health.
B. Each day a violation exists shall be considered a separate violation and a civil penalty may be assessed for each day the violation exists.
C. In addition to the civil penalties provided for herein, the health department may pursue any and all other actions and remedies provided by law.
(Prior code § 51.99)