WATER ORDINANCE
APPROVED BY:
BOARD OF HEALTH BOARD
EFFECTIVE
WATER ORDINANCE FOR
MOULTRIE COUNTY HEALTH DEPARTMENT
SECTION 1. SCOPE PAGE 1
SECTION 2. DEFINITIONS PAGE 1
SECTION 3. ADOPTION
BY REFERENCE PAGE 2
SECTION 4. PUBLIC
WATER PAGE 2
SECTION 5. POTABLE
WATER SUPPLY PAGE 2
SECTION 5.1. SURFACE
WATER PAGE 2
SECTION 5.2. CISTERNS PAGE 3
SECTION 6. WATER
WELL PERMITS PAGE 3
SECTION 7. APPLICATION PAGE
3
SECTION 7.1. ISSUANCE PAGE 3
SECTION 7.2. PROPERTY
OWNER RESPONSIBILITY PAGE 3
SECTION 7.3. INSTALLATION
CONTRACTOR
RESPONSIBILITY PAGE
3
SECTION 7.4. PERMIT
VALIDITY PAGE 4
SECTION 7.5. EXCEPTIONS PAGE 4
SECTION 8. INSPECTIONS PAGE 4
SECTION 8.1. INSPECTION
OF COMPLETED WORK PAGE 4
SECTION 8.2. NOTIFICATION
FOR INSPECTION PAGE 4
SECTION 8.3 SUSPENSION
OF PERMIT PAGE 5
SECTION 9. DISINFECTION
AND ANALYSIS PAGE 5
SECTION 9.1. CONTINUING
ANALYSIS & INSPECTIONS PAGE 5
SECTION 9.2 ABANDONED
WELLS PAGE 6
SECTION 10. PENALTIES PAGE
6
WATER SUPPLIES ORDINANCE
Section 1. SCOPE
This
ordinance shall regulate and provide guidance for the construction and
modification of water wells, the sealing of abandoned wells, and the inspection
of water supplies and their components within Moultrie County, Illinois. In accordance with the Illinois Department of
Public Health, water supplies in Moultrie County, Illinois, shall be regulated
for the purposes of ground water preservation and public health protection.
Section 2. DEFINITIONS
The
following definitions shall apply in the interpretation and enforcement of this
Ordinance:
1.
ABANDONED WELL
means a water or monitoring well which is no longer used to supply water, or
which is in such a state of disrepair that the well or boring has the potential
for transmitting contamination into an aquifer or otherwise threatens public
health or safety.
2.
CERTIFIED
LABORATORY means a laboratory operated by the Illinois Department of Public
Health or a laboratory given certification approval by the aforementioned
agency for analyzing samples of water for potable use.
3.
COMMUNITY PUBLIC
WATER SYSTEM means a public water system which serves at least fifteen (15)
service connections used by residents, or regularly serves twenty-five (25) or
more residents for at least sixty (60) days per year.
4.
REGULATORY
AUTHORITY means that person or persons designated by the Moultrie County Health
Department to enforce this Ordinance and all related policies and resolutions.
5.
HEALTH DEPARTMENT
means the Moultrie County Health
Department, including its duly authorized representatives.
6.
MONITORING WELL
means a water well intended for the purpose of determining ground water quality
or quantity.
7.
NON-COMMUNITY
PUBLIC WATER SYSTEM means a public water system which is not a community water
system, and has at least fifteen (15) service connections used by nonresidents,
or regularly serves twenty-five (25) or more nonresident individuals
daily for at least sixty (60) days per year.
8.
POTABLE WATER
means water that is suitable for human consumption and which meets basic health
standards, in accordance with the Illinois Department of Public Health
standards, for safe drinking water.
9.
PRIVATE WATER
SYSTEM means any water supply which provides water for drinking, culinary, and
sanitary purposes, and serves an owner-occupied single family dwelling.
10.
SEMI-PRIVATE WATER
SYSTEM means a water supply which is not a public water system, yet which
serves a segment of the public other than an owner-occupied single family
dwelling.
11.
WATER WELL
CONTRACTOR means an individual or entity having a valid license under the
Illinois Water Well and Pump Installation Contractors License Act [225 ILCS
345], unless exempt under provisions of that act.
12.
WATER WELL means
an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or
otherwise constructed when the intended use is for the location, diversion,
artificial recharge or acquisition of groundwater, except monitoring wells.
Section 3. ADOPTION BY REFERENCE
In addition to those
provisions set forth, this Ordinance shall be interpreted and enforced in
accordance with provisions set forth in the following statutes, rules, and
regulations of the Illinois Department of Public Health, and any subsequent
amendments or revisions thereto,
with said publications of
such amendments and revisions incorporated herein and adopted by
reference as part of this
Ordinance.
1. AIllinois
Water Well Construction Code.@ (77 Il. Adm. Code 920)
2. AIllinois
Water Well Pump Installation Code.@ (77 Il. Adm. Code 925)
3. APublic
Area Sanitary Practice Code.@ (77 Il. Adm. Code 895)
4. ADrinking
Water Systems Code.@ (77 Il. Adm.
Code 900)
5. ASurface
Source Water Treatment Code.@ (77 Il. Adm. Code 930)
Copies of the above Codes are
available at the Moultrie County Health Department.
Section 4. PUBLIC WATER
In those locations where a
public water supply is reasonably available, that supply shall be the sole
source of water for drinking and culinary purposes. A public water supply shall be deemed
reasonably available when the subject property is located within two hundred
(200) feet of the public water supply to which connection is practical and is
permitted by the controlling authority for said water supply.
Section 5. POTABLE WATER SUPPLY
All premises intended for
human habitation or occupancy must have access to a potable water supply. The potable water supply shall not be
connected to non-potable water and shall be protected against backflow and
backsiphonage in accordance with the requirements of the AIllinois Plumbing Code.@ Each potable water supply
shall provide quantities of water that are sufficient for drinking, culinary,
and sanitary needs of the dwelling or premises served. A minimum system pressure of twenty (20)
pounds per square inch shall be maintained throughout each potable water
supply.
Section 5.1 SURFACE WATER
All water systems which
receive their source of water from ponds, lakes, streams, rivers, or other
surface collectors of water shall be designed, constructed and operated in
accordance with the ASurface Source Water Treatment Code.@ No surface
water shall be utilized as a potable water supply unless the Regulatory
Authority has inspected and approved the supply and related treatment
components.
Section 5.2 CISTERNS
Cisterns shall not be used as
a potable water supply except where adequate groundwater resources are not
available. Cistern water shall receive
treatment in accordance with the ASurface
SourceWater Treatment code.@ No cistern water shall be utilized as a
potable water supply unless the Regulatory Authority has inspected and approved
the supply and related treatment components.
Section 6. WATER WELL PERMITS
No water well shall be
constructed or deepened except in accordance with this Ordinance, and it shall
be unlawful to proceed with such work unless a permit has first been obtained
from the Regulatory Authority. A
non-community public water supply shall not be operated without first obtaining
a permit from the Illinois Department of Public Health.
Section 7 APPLICATION
All applications for permits
under the provision of this Ordinance will be made in writing and in such form
as prescribed by the Regulatory Authority.
The application will include specifications for the proposed water well
and will include a statement as to any restrictions relating to the location, materials,
components, or type of water well to be constructed. The application will also include the
location of the proposed well, and the location of private sewage disposal
systems and/or water wells, both private and public, on adjacent
properties. It will be the
responsibility of the applicant to obtain all necessary data and to design a
system which will meet the requirements of this Ordinance.
Section 7.1 ISSUANCE
Upon application for permit,
which must include submission of documented plans and specifications of the
proposed water well or components thereof, the Regulatory Authority will review
said application prior to issuance of a permit. If the application and all
required components meet the requirements of this Ordinance, the Regulatory Authority
will subsequently issue a permit to the applicant upon receipt of the required
fee.
Section 7.2 PROPERTY OWNER RESPONSIBILITY
It shall be the
responsibility of the property owner to obtain a permit before any construction
or deepening of a water well is begun.
Failure of the property owner to obtain a permit before any construction
or deepening of a water well is begun shall constitute a violation of this
Ordinance, and said property owner will be subject to penalties as stated
herein.
Section 7.3 INSTALLATION CONTRACTOR RESPONSIBILITY
It shall be the
responsibility of the Water Well Contractor to insure that a permit has been
issued before any construction or deepening of a water well is begun and to
follow the conditions of said permit. Failure of the Water Well Contractor to insure
said permit has been issued or to violate the conditions of said permit shall
constitute a violation of this Ordinance, and said Installation Contractor will
be subject to penalties as stated herein.
All water wells shall be constructed in accordance with the AIllinois Water Well Construction Code@and the AIllinois
Water Well Pump Installation Code@. All individuals who construct water wells and
install well pumps shall be licensed by the Illinois Department of Public
Health in accordance with the AWater Well and
Pump Installation Contractor=s License Act@ (225 ILCS 345/1).
Section 7.4 PERMIT VALIDITY
A permit to construct or
deepen a water well issued by the Regulatory Authority is valid for a period of
twelve (12) months from the date of issuance.
If construction has not started within this period, the permit is
void. A written request for extension of
the permit may be submitted to the Regulatory Authority if construction is
delayed.
Up to two (2) consecutive
extensions of six (6) months each will be issued to a permit holder if a
written request for extension is submitted prior to the expiration date
of the current permit or permit extension.
If a permit holder fails to submit for a permit extension within the
current permit period specified, or if, after two (2) consecutive extensions,
the installation of the water well and related components is not completed, a
new permit application will need to be submitted to the Regulatory Authority
complete with written components (as stated in Section 7.2) and required fees.
Section 7.5 EXCEPTIONS
A permit to construct or
deepen a water well shall not be required by the Regulatory Authority when such
water well does or will serve a community public water system, as community
water systems are directly regulated by the Illinois Environmental Protection
Agency.
Section 8 INSPECTIONS
The Regulatory Authority
shall have the authority to enter any property for which a permit application
has been received at any reasonable time for inspection purposes to determine
compliance with the provisions of this Ordinance. It shall be the duty of the owner or occupant
of a property to provide the Regulatory Authority free and unobstructed access to the property for inspection
purposes to determine compliance with the provisions of this Ordinance.
Section 8.1 INSPECTION OF COMPLETED WORK
The Regulatory Authority will
inspect the specified water well and all related components upon completion of
work. If the Regulatory Authority finds that such work meets the provisions of
this Ordinance, the Regulatory Authority shall approve said work and authorize
operation of the water well. Compliance
with Section 9 of this Ordinance shall be obtained prior to utilizing the water
system for drinking and culinary purposes.
Section 8.2 NOTIFICATION FOR INSPECTION
The Regulatory Authority
shall be notified at least three (3) days prior to commencing the construction
or deepening of a water well for which a permit has been issued. The Regulatory Authority shall also be
notified at least three (3) days prior to the sealing of an abandoned water
well at which time a date for inspection will be arranged. It shall be the responsibility of the Water
Well Contractor to notify the Regulatory Authority as required prior to
beginning any such work.
Section 8.3 SUSPENSION OF PERMIT
Upon inspection by the
Regulatory Authority, if it is found that any provisions of this Ordinance or
any permit specifications for a stated property have been violated, the
Regulatory Authority shall notify the installer to make specified changes in
the work to allow compliance with the provisions of this Ordinance and the
permit. If said changes are not made within
the period of time specified by the Regulatory Authority, said permit shall be
suspended, and it shall be unlawful to continue work on the said water well or
to place the water well into
operation. Said installer will be
subject to penalties as stated herein.
Reinstatement of the Permit by the Regulatory Authority shall occur upon
notification by the Installer and verification by the Regulatory Authority that
all previous violations have been corrected and all associated penalties have
been paid.
Section 9 DISINFECTION AND ANALYSIS
All components of a new water
well and/or new modifications to an existing water well shall be
thoroughly disinfected with a strong chlorine solution which will yield a
dosage of at least one-hundred (100) parts per million to the water in
the well. After purging the system of
any chlorine residue, a water sample shall be taken from said water well. Bacteriological results must be in accordance
with the Illinois Department of Public Health criteria for drinking water. Sample results must be confirmed by a certified laboratory prior to utilizing
the water system for drinking and culinary purposes.
Section 9.1 CONTINUING ANALYSIS & INSPECTIONS
It shall be the duty of every
owner of every water well serving a semi-private water system for more than one
residence to have the water bacteriologically analyzed whenever the water lines
are opened for repair, replacement, or extension of the water distribution
system. The water from a semi-private
water system shall meet the nitrate, chemical and bacteriological requirements
contained in the ADrinking Water Systems Code.@
Non-Community wells which have been originally surveyed shall be
inspected and sampled every two (2) years in accordance with Illinois
Department of Public Health ADrinking Water
System Code@. The owner of
any non-community public water supply not in compliance with construction,
location and sampling requirements of the afore mentioned code shall be
notified immediately of violations and ordered by the Regulatory Authority to
correct identified violations within thirty (30) days.
After thirty (30) days a
reinspection shall be conducted by the Regulatory Authority to insure all
violations have been corrected. If not
correctional enforcement action shall commence.
Any violations that remain uncorrected as of the reinspection date shall
constitute a violation of this Ordinance and subject to penalties as stated
herein.
Semi-Private water supplies may be inspected and sampled upon
request of the occupant or owner. If the
water supply is not in compliance with the Public Area Sanitary Practice Code
(77 Illinois Adm. Code 895), the owner shall be notified immediately in writing
of the violations and ordered by the Regulatory Authority to correct them with
thirty (30) days.
A reinspection shall be made
thirty (30) days after the date of the violation to insure that all violations
have been corrected. Any violation that
remains uncorrected as of the reinspection date shall constitute a violation of
this Ordinance and subject to penalties as stated herein.
Pre-Existing Private Wells shall be sampled upon request of the owner. The Regulatory Authority shall provide the
owner with sample kits from the Illinois Department of Public Health. The owner shall be responsible for sample
collection and submission to Illinois Department of Public Health. The Regulatory Authority shall inform the
owner of results and recommended measures to correct deficiencies. The owner shall be responsible for fees due
to the Illinois Department of Public Health.
Pre-existing wells shall be subject to inspection by the Regulatory
Authority in the event that said water well poses a threat to the health and/
or safety of the public.
Correction of deficiencies in
pre-existing private well situations are at the discretion and financial
obligation of the homeowner, and are exempt from penalties by the Illinois
Department of Public Health and the Regulatory Authority.
Water-Borne Illness: Any well that provides water used for drinking
(non-community, semi-private or private wells) suspected of contributing to an
identified water-borne illness must be sampled immediately by the Regulatory
Authority in accordance with the Illinois Department of Public Health APrinciples and Procedures for Investigating Suspected
outbreaks of Food borne and Water-borne Illness@. The Illinois Department of
Public Health will assume costs associated with testing, and no fee for samples
shall be assessed to said water well owner.
The Regulatory Authority will notify said water well owner of sampling
results and interpretations and recommendations / requirements for
correction. Failure of said water well
owner to make required corrections within the period specified by the
Regulatory Authority will constitute a violation of this Ordinance.
Section 9.2 ABANDONED WELLS
Wells that are abandoned
shall be sealed in a manner prescribed by the Regulatory Authority in
accordance with the AIllinois Water Well Construction Code.@ It shall be
the responsibility of the person who seals the well to notify the Regulatory
Authority at least seventy-two (72) hours prior to the sealing of an abandoned
well and to provide a written report as prescribed by the Regulatory Authority
within thirty (30) days post sealing of said water well. The Regulatory Authority shall inspect
abandoned wells which have been sealed to determine compliance with the
aforementioned code and this Ordinance.
Failure of any individual to notify the Regulatory Authority prior to
sealing an abandoned well or to provide the required written report shall
constitute a violation of this Ordinance.
Section 10 PENALTIES
Any person who violates any
provision of this Ordinance shall be guilty of
a Petty Offense and fined not less than $35.00 and not more than
$500.00. Each day=s violation and each offense in accordance with the
above penalties constitutes a separate offense.
No provision of this
Ordinance shall prohibit the Moultrie County Health Department, the County of
Moultrie, Illinois, or the Illinois Department of Public Health from obtaining
injunctive relief where allowed by law.
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 10th
day of October, 2000.
___________________________ ____________________________________
Chairman of the County Board of Clerk of
the County Board of
the County of Moultrie , Illinois The County of Moultrie, Illinois