As used in this subchapter, unless the context otherwise requires:
(1) “Chronic noncompliance” means conditions described in this subchapter that persist at a common sewage system after reasonable efforts by the Division of Environmental Quality to obtain compliance with applicable laws or rules in one (1) of the following:
(A) Failure to obtain a permit as required by law;
(B) Four (4) or more permit violations within a six-month period as set out in the permit issued by the division;
(C) Failure to maintain the services of a certified wastewater treatment operator, where applicable; or
(D) Demonstrable failure to operate the common sewage system so as to prevent the discharge of waterborne pollutants in unacceptable concentrations, as defined in the individual permit or the state's water quality standards, to the surface waters or groundwater of the state; and
(2)
(A) “Common sewage system” means any sewage treatment system and its associated sewage collection and pumping facilities, nonmunicipal, publicly or privately owned, serving two (2) or more individually owned, rented, or temporarily occupied lots for the purpose of the collection or disposal of sewage.
(B) “Common sewage system” includes systems owned or operated by:
(i) Property owners' associations;
(ii) Nonmunicipal sewage improvement districts; and
(iii) Owners or managers of nonmunicipal residential subdivisions.