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.
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.
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.
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.
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 the year in which they were issued.
4.4 All persons who hold a Septic Tank Manufacturers and/or Aerobic Unit Dealer
Registration Certificate shall be required to notify the Moultrie County Health Department in writing within ten (10) days of the date of delivery or sale of a septic tank or aerobic unit of the following information:
1. Name of purchaser.
2. Location of deliver.
3. Date of sale and delivery.
4. Size of septic tank or model or aerobic unit.
This information shall be provided on forms provided by the Moultrie County Health Department. Forms will be provided to Septic Tank Manufacturers and/or Aerobic Unit Dealer Registrants upon request.
COMPLIANCE AND
PERFORMANCE
5.1 All private sewage disposal systems within the geographic boundaries of
Moultrie County shall be installed,
repaired, modified, and maintained by Private Sewage Disposal System Installers
licensed by the State of Illinois. A
property owner may install and/or service a private sewage disposal system,
which serves the property and residence owned and occupied by said property
owner. Said property owner shall comply
with all provisions set forth by the Illinois Department of Public Health
Private Sewage Disposal Licensing Act and
Code.
5.2 The routine cleaning as well as pumping, hauling and disposing of septage from
private sewer disposal systems shall be performed by Private Sewage Disposal
System Pumpers licensed by the State of Illinois. Replacing the septic tank cover,
or rodding out inlets and outlets does not require a permit as defined under
Section 3 of this Ordinance.
5.3 The minimum performance standards for Private Sewage Disposal System
Installing and Pumping Contractors and for a Property Owner who installs a private sewage disposal system for his/her own property shall be the same as the minimum performance standards promulgated under authority granted in the current “Illinois Private Sewage Disposal Licensing Act and Code”.
6.1 Minimum lot size for a residential structure served with a public water system but requiring a private sewage disposal system shall be twenty thousand (20,000) square feet in area excluding easements; and where a private water supply and a private sewage disposal system is proposed, shall be one (1) acre in size excluding easements. A variance may be granted if it is impractical or impossible to comply with the code and an approved system can be installed with no recognized or potential health hazards. However, the area shall be large enough to provide for a second private sewage disposal system of a size and type equivalent to the minimum system approved for the lot.
6.2 The Moultrie County Health Department shall require persons who subdivide
property or require changes in a proposed subdivision plat to furnish
information concerning soil absorption capacity in order to reasonably ascertain that each lot of said proposed subdivision will be able to support the installation and subsequent use of an approved Private Sewage Disposal System as defined in the Illinois Private Sewage Disposal Licensing Act and Code.
7.1 Where a subsurface seepage field is installed as a component part of a private sewage disposal system, the seepage field shall be in accordance with the “Illinois Private Sewage Disposal Licensing Act and Code”.
7.2 It shall be unlawful to discharge untreated sewage or the effluent from any septic tank directly or indirectly into any stream, ditch, ground surface, sink hole or abandoned well, or to allow the contents of any privy vault, septic tank or seepage pit to emit offensive odors, to become objectionable, dangerous, or prejudicial to the public health.
7.3 The absorption capacity for the design of a subsurface seepage field shall be
determined by a Percolation Test or Soil Investigation,
7.3a Percolation Test as required by this Ordinance shall be performed in accordance with the provisions of the Illinois Private Sewage Disposal Licensing Act and Code adopted herein. Percolation Tests shall be conducted by an Illinois Licensed Private Sewage Disposal System Installer, an Illinois Registered Engineer or Architect, an Illinois Licensed Environmental Health Practitioner, a soil scientist, an Authorized Representative of the Moultrie County Health Department, or other professional person acceptable to the Regulatory Authority.
7.3b A soil investigation shall be performed by a Soil Classifier in accordance with the requirements set forth in the Illinois Department of Public Health Private Sewage Disposal Licensing Act and Code, Sect. 905.55.
7.4 The Regulatory Authority reserves the right to determine the validity of any test,
and in cases where more than one set of tests are performed, the Regulatory Authority shall determine which test results shall prevail. The Regulatory Authority shall be notified at least one day prior to the performance of all tests and reserves the right to supervise tests conducted for the purpose of determining absorption capacity on properties within Moultrie County.
ENFORCEMENT
8.1 Private sewage disposal systems constructed prior to the effective date of this
Ordinance shall be updated to comply with the provisions of this Ordinance when
a permit to repair or replace said private sewage disposal system is required.
8.2 The Moultrie County Health Department or its Authorized Representative is
hereby authorized and directed to inspect private sewage disposal systems to
determine satisfactory compliance with this Ordinance.
8.3 The owner or occupant of a property containing a private sewage disposal system
shall be required to provide the Moultrie County Health Department or Authorized Representative reasonable access to said property and system at reasonable times for the purpose of making inspections as necessary to determine compliance with this Ordinance or upon a credible complaint of violation where there is probable cause to believe a violation has occurred.
8.4 A newly installed or modified private sewage disposal system shall not be
covered or placed in operation until said system is inspected, and written approval of the system has been issued by the Regulatory Authority.
8.5 The Moultrie County Health Department or its Authorized Representative may
make inspections during the course of construction of any private sewage disposal system to ensure compliance with this Ordinance.
8.6 Any individual who installs a private sewage disposal system shall not backfill
any portion of said system and/or cover the same with earth or any other material which would prevent said system from being readily viewed by the Regulatory Authority to determine compliance of said system with the requirements of this Ordinance. The Regulatory Authority may give fifteen (15) days Notice of Violation in writing to said individual who violates such provision(s) of this Ordinance to uncover said system for the purpose of inspection by the Regulatory Authority.
8.7 If at the end of fifteen (15) days, the individual shall not have uncovered the
private sewage disposal system, the permit is subject to being revoked and penalty action may be taken. The Regulatory Authority may elect to have the system uncovered at the expense of the property owner.
8.8 The Regulatory Authority shall provide a written affidavit to the property owner specifying the costs incurred by the Regulatory Authority for the uncovering of
said private sewage disposal system. Failure of the property owner to pay such
costs to the Regulatory Authority within thirty (30) days of receipt of the written affidavit shall result in execution of a lien against the property. Said lien shall be recorded in the Office of the Moultrie County Clerk to secure payment of all documented costs incurred for the uncovering of said private sewage disposal system. Said lien may be foreclosed by the Regulatory Authority in the same manner as other lawful liens on real estate.
VIOLATION NOTICE
9.1 In the event that a violation of any provision of this Ordinance has occurred, the
Regulatory Authority shall forward a written Notice of Violation to the individual responsible for such violation. The Notice of Violation shall include:
9.1a. a statement of the reasons for issuance of the notice;
9.1b. an outline of required remedial action(s) to affect compliance with this Ordinance;
9.1c. a reasonable time as determined by the Regulatory Authority for performance of any act required.
9.2 The individual responsible for the violation(s) shall be notified by certified or
registered mail with a copy being sent to his/ her last known address as available to the Regulatory Authority; or shall have such notice served on him/her personally in a manner as authorized by Illinois Law.
VARIANCE REQUEST
10.1 In the event that a condition exists with a proposed or existing Private Sewage
Disposal System which makes compliance with this Ordinance impractical or impossible, a written Request for Variance may be submitted to the Moultrie County Health Department.
10.2 The procedure for a written Request for Variance shall be as follows:
10.2a. Request for Variance shall be submitted to and reviewed an Authorized
Representative of the Moultrie County Health Department.
10.2b. Said request for Variance must document soil conditions, water table
elevations, drainage patterns and distances to water supplies and other existing structures in order to support the stated request.
10.2c. The Moultrie County Health Department Authorized Representative shall
review and act upon the written request for Variance within ten (10) days
of receipt.
10.2d. The Moultrie County Health Department Authorized Representative shall notify the applicant in writing of the decision to grant or deny the Variance.
10.2e All Variances must be requested and approved prior to the initiation of any construction related to the Variance.
HEARINGS
Any person affected by an order or notice issued by the Moultrie County Health Department in connection with the enforcement of any Section of this Ordinance may file a written request for a hearing before the Regulatory Authority. Said request shall be submitted to the Administrator of the Moultrie County Health Department. The Regulatory Authority shall hold a hearing at a time and place designated by the Moultrie County Health Department within thirty (30) days from the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held. If as a result of the hearing, the Regulatory Authority finds that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the Regulatory Authority may modify or withdraw the order or notice. The Regulatory Authority shall render a written decision within ten (10) days after the date of the hearing, which shall be placed on file in the Moultrie County Health Department as a matter of public record. Any person aggrieved by the decision of the Regulatory Authority may request a hearing before the Board of Health Private Sewage Committee.
11.2 Hearing Before the Board of Health Private Sewage Committee
Any person aggrieved by the decision of the Regulatory Authority rendered as the result of a hearing held in accordance with this section may file a written request for a hearing with the Moultrie County Health Department Board of Health Private Sewage Committee. The President of the Board of Health shall designate the time and place of the hearing within thirty (30) days of the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held. If, as a result of facts elicited from the Private Sewage Committee hearing, the Board of Health finds that the public health would be adequately protected and substantial justice done by granting a variance from the decision of the Administrator or Acting Administrator of the Moultrie County Health Department, the Board of Health Private Sewage Committee may grant a variance. The Board of Health Private Sewage Committee will render a decision within ten (10) days after the date of the hearing which shall be placed on file in the office of the Moultrie County Health Department and copy thereof shall be served on the petitioner personally or delivered to the petitioner by certified mail.
PENALTY
12.1 All identified violations of this Ordinance which remain uncorrected shall be
documented and shall be submitted to the Moultrie County State’s Attorney.
Each day’s violation constitutes a separate offense.
12.2 Legal enforcement of this Ordinance and its provisions shall be commenced and
prosecuted in the same manner as other County Ordinance violations. The
Moultrie County State’s Attorney shall bring such actions in the name of the People of County of Moultrie or shall bring action for an injunction to restrain such violation or to enjoin the operation of any such establishment causing the violation, as permitted by law.
12.3 Any person found guilty of violating any provision of this Ordinance shall be fined a sum not to exceed $500.00 per violation.
12.4 All monies collected from fines under this Ordinance shall be deposited to the
Moultrie County Health Department.
12.5 In the event of serious or repeated violation of any of the requirements of this
Ordinance, the Private Sewage Disposal Contractor’s Registration Certificate
and/or Septic Tank Manufacturer and/or Aerobic Unit Dealer Registration Certificate may be revoked after an opportunity for a hearing has been provided by the Regulatory Authority. Prior to such action, the Regulatory Authority shall notify the contractor in writing, stating the reasons for which the Registration Certificate is subject to revocation and advising that the certificate shall be revoked at the end of five (5) days following service of such notice, unless a request for a hearing is filed with the Regulatory Authority, by the Certificate holder, within such five (5) day period. A Registration Certificate may be suspended for cause pending its revocation or a hearing relative thereto where a clear and present danger to the public health is preliminarily found to exist by the Regulatory Authority.
CONFLICT OF
ORDINANCE
13.1 Any conflict of this Ordinance shall be determined by the Court in accordance with standard accepted judicial practices and procedures.
13.2 In any case where a provision of this Ordinance is found to be in conflict with a
provision of any zoning, building, fire, safety, or health ordinance or code of Moultrie County exiting on the effective date of this Ordinance, the provision which, in the judgment of the Regulatory Authority establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this Ordinance is found to be in conflict with a provision of any other ordinance or code of Moultrie County existing on the effective date of this Ordinance which establishes a lower standard for the promotion and protection of the health and safety of the people, and provisions of this Ordinance shall be deemed to prevail; such ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this Ordinance.
SECTION 14
PARTIAL
INVALIDITY
If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance should
be declared invalid for any reason whatsoever, such decision shall not affect the
remaining portions of this Ordinance which shall remain in full force and effect. To
this end, the provisions of this Ordinance are hereby declared to be severable.
This Ordinance shall be in full force and effective immediately upon its adoption as provided by law. The above and foregoing Ordinance is adopted this 9th day of July, 2002.
_________________________________ ______________________________
Chairman of Moultrie County Board Clerk of Moultrie County
Sullivan, Illinois Sullivan, Illinois