A district may not require the owner of a property described in section 2(8) of this chapter to connect to the district's sewer system if:

1. (1) the property is located on at least ten (10) acres;
2. (2) the owner can demonstrate the availability of at least two (2) areas on the property for the collection and treatment of sewage that will protect human health and the environment;
3. (3) the waste stream from the property is limited to domestic sewage from a residence or business;
4. (4) the system used to collect and treat the domestic sewage has a maximum design flow of seven hundred fifty (750) gallons per day; and
5. (5) the owner, at the owner's expense, obtains and provides to the district a certification from the local health department or the department's designee that the system is functioning satisfactorily.

As added by P.L.97-2012, SEC.11.