Section 410IAC6-10.1-58. Violations

   (a) Should a commercial on-site sewage system fail, the failure shall be corrected by the owner within the time limit set by the department or the local health officer in whose jurisdiction the facility is located.

  (b) If any component of a commercial on-site sewage system is found to be:

(1) defective;

(2) malfunctioning; or

(3) in need of service;

the department or the local health officer in whose jurisdiction the facility is located may require the repair, replacement, or service of that component. The repair, replacement, or service shall be conducted within the time limit set by the department or the local health officer in whose jurisdiction the facility is located.

  (c) Any person found to be violating this rule may be served by the department or the local health officer in whose jurisdiction the facility is located with a written order stating the nature of the violation and providing a time limit for satisfactory correction thereof.

  (d) After receiving an order in writing from the department or the local health officer in whose jurisdiction the facility is located, the owner of the property shall comply with the provisions of this rule as set forth in the order and within the time limit specified therein. The order shall be served on the owner or the agent of the owner, but may be served on any person who, by contract with the owner, has assumed the duty of complying with the provisions of an order. (Indiana State Department of Health; 410 IAC 6-10.1-58; filed Oct 19, 2012, 2:07 p.m.: 20121114-IR-410120157FRA)