[Amended 1-23-2024 by L.L. No. 2-2024]
A.
Compliance
and reporting.
(1)
On parcels for which a building permit for an on-site wastewater
treatment system or inspection has been requested by the parcel owner
or parcel owner's agent, the authority having jurisdiction shall
be permitted by the parcel owner to make a physical inspection of
the lands and premises to determine that all of the requirements of
this chapter have been complied with.
(2)
When an inspection is required by the provisions within Article IV of this chapter, the authority having jurisdiction shall order the parcel owner to provide a report of findings attested to by a design professional or an on-site training network registered inspector as will adequately describe the type, capacity, location of the elements of the existing system, condition, and functionality of the existing system in order to determine that all of the requirements of this chapter have been complied with. Upon receipt of an order, the parcel owner shall be given 30 days to complete a new inspection of the on-site wastewater system and submit a report of findings to the authority having jurisdiction. If refused, the authority having jurisdiction shall apply to a court of competent jurisdiction for a search warrant.
(3)
The authority having jurisdiction, upon show of due cause, shall
order the parcel owner to provide a report of findings attested to
by a design professional or an on-site training network registered
inspector as will adequately describe the type, capacity, location
of the elements of the existing system, condition, and functionality
of the existing system. Upon receipt of an order, the parcel owner
shall be given 30 days to complete a new inspection of the on-site
wastewater system and submit a report of findings to the authority
having jurisdiction. If refused, the authority having jurisdiction
shall apply to a court of competent jurisdiction for a search warrant.
B.
Deficiencies
and corrections.
(1)
Upon discovery of an on-site wastewater treatment system which is
in failure, the authority having jurisdiction shall immediately notify
the parcel owner, in writing, of the failure through a notice of violation.
It shall be the responsibility of the parcel owner to forward the
notice of violation to other involved or interested parcel owners
or renters. The notice of violation shall include the specific section
of the law being violated, the components of the system which are
not in compliance with the requirements of this chapter, the action
that is necessary to correct the noncompliance, the date by which
the permit must be obtained, and the timeframe in which corrective
actions must be completed.
(2)
The authority having jurisdiction shall, by written notice and/or
posting, order all work stopped on any on-site wastewater treatment
system which is in violation of this chapter.
(3)
Upon receipt of a notice of violation of a failed system that is
directly discharging to the surface and/or surface water, the authority
having jurisdiction shall order that the discharge be terminated immediately
and, if the on-site wastewater treatment system has a tank, the outlet
shall be sealed and the tank used as a holding tank until the system
is brought into compliance.
