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(a) Unless the context specifically indicates otherwise, the meaning of terms used in this section shall be as follows:

(1) Combined sewer means a sewer receiving both surface water runoff and sewage.

(2) Sewage disposal system means any arrangement of devices and structures used for receiving, treating and disposing of sewage.

(3) Private sewage disposal system means any sewage disposal system not constructed, installed, maintained, operated, and owned by a municipality or a taxing district established for that purpose.

(b) Where a public sanitary or combined sewer is not available, all persons owning or leasing property in the Town shall comply with the following provisions:

(1) No person shall place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the Town or in any area under the jurisdiction of the Town any human excrement or sewage.

(2) At all business buildings situated within the Town where there is installed a sewage disposal system which is not connected to a public sewer system, and no public sewer system is available, there shall be established, installed, or constructed and maintained a private sewage disposal system which shall comply with the standards of the state board of health as contained in Bulletin S.E. 13 which are herewith incorporated by reference as part of this section and two (2) copies are filed in the office of the Town clerk-treasurer, county auditor and county health officer for public inspection.

(3) All private residential sewage disposal system shall be installed, constructed and maintained in an approved manner as described in Bulletin S.E. 8 and 11 of the state board of health, copies of which are herewith incorporated by reference as a part of this section and two (2) copies filed in the office of the Town clerk-treasurer, county auditor and county health officer for public inspection.

(4) Should any defect exist or occur in any private sewage disposal system which would cause said sewage disposal system to fail to meet the requirements in paragraphs (3) and (4) and cause an unsanitary condition, the defect shall be corrected immediately by the owner or agent of the owner, occupant or agent of the occupant. Failure to do so shall be a violation of this section.

(5) After receiving an order in writing from the county board of health or the duly appointed health officer, the owner, agent of the owner, the occupant or agent of the occupant of the property shall comply with the provisions of this section as set forth in the order and within the time limit included therein. The order shall be served on the owner and the occupant or on the agent of the owner but may be served on any person, who, by contact with the owner, has assumed the duty of complying with the provisions of an order.

(c) Before commencement of construction of a private sewage disposal system, the owner, or agent of the owner, shall first obtain a written permit signed by the county health officer. The application for such permit shall be made on a form provided by the county which applicant shall supplement by any plans, specifications and other information as are deemed necessary by the county health officer. A permit and inspection fee of two dollars ($2.00) shall be paid to the county treasurer at the time the application is filed. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the county health officer. He, or his agent, shall be allowed to inspect the work at any stage 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 forty-eight (48) hours of the receipt of notice by the county health officer. The county health officer or his agent, bearing proper credentials and identification, shall be permitted to enter upon all properties at the proper time for the purposes of inspection, observation, measurement, sampling, and testing necessary to carry out the provisions of this section.

(d) Any person found to be violating any provision of this section shall be served by the county board of health or the duly appointed health officer, with a written order stating the nature of the violation and providing a time limit for satisfactory correction thereof.

(Code 1983, 36-9-23-7(a), §§ 1—4)