MOULTRIE COUNTY

PRIVATE SEWAGE DISPOSAL

ORDINANCE

 

 

 

APPROVED BY:

 

 

 

MOULTRIE COUNTY                            MOULTRIE COUNTY

BOARD OF HEALTH                                BOARD

 

          July 01, 2002                                             July 09, 2002               

 

 

 

 

 

 

 

EFFECTIVE

2002

 

 

 

 

 

                MOULTRIE COUNTY HEALTH DEPARTMENT

PRIVATE SEWAGE DISPOSAL ORDINANCE

 

 

 

 

I           DEFINITIONS                                                                      PAGE              3

 

II         ADOPTION BY REFERENCE                                            PAGE              5

 

III        PERMIT REQUIREMENTS                                               PAGE              5

 

IV        CONTRACTORS REGISTRATION                                  PAGE 7

 

V         COMPLIANCE AND PERFORMANCE                           PAGE              8

 

VI        REQUIRED AREA                                                               PAGE              9

 

VII      SUBSURFACE SEEPAGE FIELDS                                    PAGE              9

 

VIII     ENFORCEMENT                                                                 PAGE 10

 

IX        VIOLATION  NOTICE                                                         PAGE              11

 

X         VARIANCE REQUEST                                                        PAGE              11

 

XI        HEARINGS                                                                           PAGE 12

 

XII      PENALTY                                                                              PAGE              13

 

XIII     CONFLICT OF ORDINANCE                                            PAGE              14

 

XIV     PARTIAL INVALIDITY                                                      PAGE 14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PRIVATE SEWAGE DISPOSAL ORDINANCE OF MOULTRIE COUNTY

 

            This Ordinance shall regulate private sewage disposal systems, the construction and/ or modification of such systems; and annual registration of private sewage disposal system contractors in Moultrie County, Illinois.

            Whereas, the improper treatment and disposal of sewage is a menace to public health, the adoption of this Ordinance shall serve to promote the health, safety, and welfare of the residents of the County of Moultrie, State of Illinois.

 

 

SECTION 1

 

DEFINITIONS

 

The following definitions shall apply in the interpretation and enforcement of this Ordinance.

 

            BOARD OF HEALTH shall mean the Moultrie County Board of Health or its authorized representative(s).

 

            DOMESTIC SEWAGE means wastewater derived principally from dwellings, business or office buildings, institutions, food service establishments, and similar facilities.

 

HEALTH DEPARTMENT shall mean the Moultrie County Health Department, including its duly authorized representatives.

 

HOMEOWNER means a contract for deed buyer or a person who holds legal title to a residential structure which is to be used or is used for a single-family residence.

 

HOMEOWNER INSTALLED SYSTEM means a private sewage disposal system for a single family residence installed by the individual who owns the property on which the system is to be installed and occupies the residence served by said private sewage disposal system.

 

HUMAN WASTES means undigested food and by-products of metabolism, which are passed out of the body.

 

MODIFICATION means any change or addition in the design or components of a private sewage disposal system requiring a permit as defined herein.

 

PERCOLATION TEST means a sub-surface seepage test performed at the depth of a proposed private sewage disposal system to determine the water absorption capability of the soil.

 

PERMIT shall mean a written permit issued by the Moultrie County Health Department or its authorized representative(s) permitting the construction or modification of a private sewage disposal system under this Ordinance.

PERSON means an individual, group of individuals, association, trust, partnership, corporation or person doing business under an assumed name, the State of Illinois, or any Department thereof, or any other entity.

 

POPULATION EQUIVALENT means an average waste loading, equivalent to that amount of waste produced by one person which is defined as one hundred (100) gallons per day or that amount of waste containing 0.17 BOD5.

 

PRIVATE SEWAGE DISPOSAL SYSTEM means any sewage handling or treatment facility receiving domestic sewage from less than fifteen (15) people or population equivalent and having a ground surface discharge; or any sewage handling or treatment facility receiving domestic sewage and having no ground surface discharge.

 

PRIVATE SEWAGE DISPOSAL SYSTEM CONTRACTOR’S REGISTRATION shall mean an annual Registration Certificate issued by the Moultrie County Health Department to all private sewage disposal contractors engaged in the installation and/or servicing of private sewage disposal systems within the boundaries of Moultrie County.

 

PRIVATE SEWAGE DISPOSAL SYSTEM INSTALLATION CONTRACTOR means any person constructing, installing, maintaining, repairing, or modifying private sewage disposal systems.  Licensure by the State of Illinois is required. 

 

PRIVATE SEWAGE DISPOSAL SYSTEM PUMPING CONTRACTOR means any person who cleans or pumps waste from a private sewage disposal system or hauls or disposes of the removed waste.  Licensure by the State of Illinois is required.

 

PROPERTY OWNER means the person in whose name legal title to the real estate is recorded.

 

REGULATORY AUTHORITY shall mean the person or persons designated by the Moultrie County Health Department to enforce this ordinance and all related policies and resolutions.

 

SEPTIC TANK MANUFACTURERS AND/OR AERATION UNIT DEALERS means any person who manufactures, sells, offers for sale, or delivers septic tanks or aeration units in or into Moultrie County.

 

SEPTIC TANK MANUFACTURERS AND/OR AERATION UNIT DEALERS REGISTRATION shall mean an annual Registration Certificate issued by the Moultrie County Health Department to all septic tank manufacturers and/or aeration unit dealers  engaged in the manufacture, sale, offer for sale, and delivery of septic tanks and/or aeration units in or into Moultrie County.

 

SOIL CLASSIFIER means one of the following:  A certified soil classifier of the Illinois Soil Classifiers Association (ISCA) or a certified soil classifier with the American Registry of Certified Professionals in Agronomy, Crops and Soils (ARCPACS); and/or

a person who is a full member or associate member of the Illinois Soil Classifiers Association (ISCA), provided that direct supervision is provided to this person by a ISCA or ARCPACS certified soil classifier who accompanies the person on at least twenty-five percent (25%) of the soil investigations and reviews and signs all of that person’s soil investigation reports.

 

            SOIL INVESTIGATION a process through which soil characteristics on sites proposed for development with private sewage systems are determined by a soil classifier or an Illinois licensed professional engineer based on soil samples collected as prescribed with Illinois Department of Public Health Private Sewage Disposal Licensing Act and Code.

 

            WASTE means human waste, domestic sewage, or both.

 

SECTION 2

 

ADOPTION BY REFERENCE

 

2.1              This Ordinance shall be interpreted and enforced in accordance with provisions set forth in the unabridged form of the State of Illinois, Department of Public Health,  “Private Sewage Disposal Licensing Act and Code” and any subsequent amendments or revisions thereto.  Certified copies of this Ordinance shall be on file in the office of the Moultrie County Clerk.

 

2.2              Property owners of all buildings and places where people live, work, or assemble shall provide for the sanitary disposal of all human waste and domestic sewage.  Such facilities shall be constructed in accordance with the provisions of these regulations.

 

2.3              All facilities for the disposal of human wastes and domestic sewage shall be so constructed, maintained, and operated such that there is:

 

1.      No access to this system by sources of sickness or disease (i.e. 

      vectors of disease, domestic pets, etc.)

2.      No unlawful pollution of any stream or any body of water or drainage way.

3.   Isolation as to provide for the protection of wells or other sources of water  

      from possible contamination.

4.   No nuisance due to odor or other health hazard.

5.      No unlawful discharge of liquid or solid waste to the surface of the ground.

 

6.   No unintentional or inordinate access by humans.

7.      No contamination of drinking water.

 

SECTION 3

 

PERMIT REQUIREMENTS

 

3.1        It shall be unlawful for any person to construct, alter or extend private sewage

            disposal systems within Moultrie County unless he/ she holds a valid permit

            issued by the Moultrie County Health Department stating the name of such person

            for whom the specific construction, alteration or extension is proposed.  Said

            permit shall include a maximum allowable waste loading.

     

3.2       A permit shall only be issued to an Illinois Licensed Private Sewage Disposal         

System Installing Contractor or a Property Owner installing his/her own Private Sewage Disposal System.

 

3.3       All applications for permits granted under the provisions of this Ordinance to

install a new Private Sewage Disposal System shall be made in writing to the Moultrie County Health Department at least fifteen (15) days in advance of the anticipated date of installation.

 

3.4       Permit Application Forms provided by the Moultrie County Health Department

            shall be completed and signed by each applicant and shall include the following:

 

3.4a.    Name and address of the applicant and location of the proposed site of

            construction, alteration, or extension.

3.4b.    Complete plan of the proposed disposal facility, attesting to its compliance

            with the minimum standards of this Ordinance and the “Illinois Private                Sewage Disposal Licensing Act and Code”.

 

3.5       The Moultrie County Health Department shall act upon all applications within

            ten (10) days of receipt thereof.

             

3.6       The Moultrie County Health Department may refuse to grant a permit for the  

            construction of a private sewage disposal system where sanitary or community

sewage systems are available.  A sewage system shall be deemed available when a sanitary sewer line is in place within any street, alley, right of way or easement that adjoins or abuts the premises for which the permit is requested, or when the

            improvement to be served is located within a reasonable distance of a sanitary

sewer to which a connection is practical and is permitted by the controlling authority for the sewer.  A reasonable distance for the purpose of this provision shall be no more than three hundred (300) feet for a single-family residence and not greater than one thousand (1,000) feet for a commercial establishment, subdivision, or multi-family dwelling.

 

3.7       Said permit to construct a Private Sewage Disposal System is valid for a period of

six months from date of issuance. If construction has not started within this period the permit is void.

 

3.8       One six (6) month extension of said permit shall be granted one time only within five (5) to six (6) months of the date of initial permit issuance.  Any permit extension requested after the initial permit or one time only permit

extension has become void shall require a new permit application and required

fee.

 

3.9       All applications for permit granted under the provisions of this Ordinance to modify, change or repair an existing Private Sewage Disposal System by either the property owner of said Private Sewage Disposal System or the Licensed Contractor for said modifications shall be made to the Moultrie County Health Department.

 

3.10     The Regulatory Authority shall be notified in writing fifteen (15) business days 

            prior to any  modification, change or repair to any existing private sewage

disposal system by either the property owner of said sewage disposal system or

the Licensed Contractor for said modification to determine whether said

modification, change     or repair requires a permit as set forth in this Ordinance. 

 

3.11          The Regulatory Authority shall act upon all applications for modification, change

or repair to an existing Private Sewage Disposal System with in ten (10) days.   

 

3.12          Two (2) days advance notice shall be provided to the Regulatory Authority by the Property Owner or Licensed Contractor prior to implementation of any permitted installation work or modification to a proposed or existing Private Sewage Disposal System.

 

3.13     There shall be a fee for permitting the construction, alteration, or extension of a

Private Sewage Disposal System.  Said fee shall be paid to the Moultrie County

Health Department upon application.  This fee will be returned to the applicant if

the permit is denied.  Said fee schedule shall be as approved by the Moultrie

County Health Department Board of Health.

 

SECTION 4

 

CONTRACTORS REGISTRATION

 

4.1       The Moultrie County Health Department will maintain a registry of Private Sewage Disposal System Installing and Pumping Contractors who are licensed by the State of Illinois.

 

4.2       An annual contractor’s registration shall be required by all Private Sewage

Disposal System Installation Contractors and all Private Sewage Disposal System

Pumping Contractors operating within the limits of Moultrie County.  The

Moultrie County Health Department shall issue a Private Sewage Disposal

System Installation Contractor Registration Certificate or Private Sewage

Disposal System Pumping Contractor Registration Certificate to persons applying

for such certificate who are licensed by the State of Illinois as a Private Sewage Disposal System Installation Contractor and/or a Private Sewage Disposal System Pumping Contractors.  There shall be no fee for said certificate.  All registration certificates shall expire December 31st of the year issued.

 

4.3       An annual Septic Tank Manufacturer and/or Aerobic Unit Dealer Registration

Certificate shall be obtained by all persons who wish to manufacture, sell, offer for sale, or deliver septic tanks or aerobic units in or into Moultrie County.  The Moultrie County Health Department shall issue a Septic Tank Manufacturer and/or Aerobic Unit Dealer Registration Certificate to persons who apply for such certificate and who have approval to manufacture and sell septic tanks and/or aerobic units from the Illinois Department of Public Health.  There shall be no fee for said certificate.  All registration certificates shall expire December 31st of