§ 20-22. Enforcement.

(a)

Monitoring of septic tank contractors, engineers, and plumbers.

(1)

All licensed septic tank contractors and plumbers doing business in the county, and registered with the state, and registered professional engineers doing business in the county, must receive certification by the MCHD to be eligible to submit system evaluations pursuant to this section.

(2)

To facilitate monitoring and enforcement, licensed septic tank contractors and plumbers doing business in the county, and registered with the state, and registered professional engineers doing business in the county, shall submit their inspection schedules weekly to MCHD.

(3)

MCHD shall monitor OSTDS inspections without notice.

(b)

Prohibitions.

(1)

Property owners.

a.

Property owners of residential and commercial structures located in a cesspool identification and elimination area and listed in the cesspool identification and elimination project as having an unknown sewage disposal are in violation of this section if:

1.

Structures on their property are served by an OSTDS and the property owner fails to submit an application for an operating permit by the date specified; or

2.

The OSTDS on the property is permitted but is failing to provide satisfactory service because it is a cesspool or an OSTDS that is either improperly built or improperly maintained.

b.

Failure to obtain an operating permit by the date specified, creates a rebuttable presumption that the OSTDS is operating in an unsafe or unsanitary manner, and creates reasonable cause to believe that a sanitary nuisance exists under F.S. ch. 386.

(2)

Septic tank contractors, engineers, plumbers. Licensed septic tank contractors and plumbers doing business in the county, and registered with the state, and registered professional engineers doing business in the county are in violation of this section if they:

a.

Falsify information on the operating permit applications;

b.

Fail to regularly submit inspection schedules; or

c.

Refuse monitoring by MCHD inspectors.

Septic tank contractors, engineers, and plumbers found guilty of a violation of this section shall be referred to their licensing agency for disciplinary action. Two separate violations of this section shall result in revocation of certification by MCHD to submit system evaluations pursuant to this section.

(c)

Penalties.

(1)

Violations of this section are an offense.

(2)

Where there is a reasonable cause to believe that an OSTDS constitutes a sanitary nuisance as defined in F.S. ch. 386, local authorities shall request that the department of health or MCHD investigate the OSTDS pursuant to F.S. § 386.02, and, if necessary, conduct enforcement activities as authorized by F.S. §§ 386.03 and 386.041.

(Code 1979, § 15.5-19; Ord. No. 31-1999, § 1)