Section 410IAC6-8.3-55. Violations; permit denial and revocation

   (a) Should a residential on-site sewage system fail, the failure shall be corrected by the owner within the time limit set by the health officer.

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

(1) defective;

(2) malfunctioning; or

(3) in need of service;

the health officer 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 health officer.

  (c) Any person found to be violating this rule may be served by the health officer 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 local board of health or the health officer, 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.

  (e) The health officer may deny an application for a construction or operating permit, or may revoke a permit previously issued, for reasons including, but not limited to, any of the following:

(1) An on-site sewage system design does not meet the minimum requirements of this rule or local sewage ordinances, or both.

(2) Failure to comply with any provisions of this rule or local sewage ordinances, or both.

(3) Failure to comply with limitations, terms, or conditions of a permit that has been issued.

(4) Failure to disclose all the facts relevant to the construction and use of an on-site sewage system.

(5) Misrepresentation.

(6) Any change relating to the design, construction, or use of the on-site sewage system not approved, in writing, by the local health department.

  (f) The written denial or revocation shall state the following:

(1) The basis for the denial or revocation.

(2) The method or methods available for compliance, if applicable.

(3) The time frame for compliance, if applicable.

(4) That the owner has the right to appeal the denial or revocation.

(5) The procedure for registering any such appeal.

  (g) The parties involved may agree to use the appeal procedures set forth in IC 4-21.5, the Administrative Orders and Procedures Act. (Indiana State Department of Health; 410 IAC 6-8.3-55; filed Oct 19, 2012, 2:06 p.m.: 20121114-IR-410120156FRA; errata filed Dec 12, 2012, 2:16 p.m.: 20121226-IR-410120156ACA)