A. Amount Of Penalty:
1. The department or village may assess civil fines against any person or licensee who constructs, installs, repairs, modifies, maintains or fails to provide for required maintenance of a private sewage disposal system, or any person or licensee who pumps, hauls or disposes of wastes from a private sewage disposal system in violation of any section of the act, the rules or this chapter.
2. The department and/or village shall determine the amount of the fine based upon the seriousness of the violation. The seriousness of the violation will be determined as follows:
a. Type A: Violations considered the most grievous, which shall be grounds to assess a larger fine, shall be activities that create a health hazard, unlicensed activities and repeat violations. Examples of these activities include violations of vertical or horizontal separation distances, falsifying information on permits or reports, addition of prohibited materials to a private sewage disposal system, use of improper septage disposal methods and prohibited discharges. The amount of the fine shall not exceed one thousand dollars ($1,000.00) for each violation in addition to one hundred dollars ($100.00) per day for each day the violation continues.
b. Type B: Violations relating to improper construction practices, the use of improper materials, failure to install a system according to the approved plan, any violation of section 905.135 and pumper equipment violations shall be considered more serious. The maximum fine shall not exceed seven hundred fifty dollars ($750.00) for each violation in addition to one hundred dollars ($100.00) per day for each day the violation continues.
c. Type C: Administrative violations involving paperwork, such as failure to obtain a permit or improper pumping truck lettering, shall be considered the least serious. The maximum fine shall not exceed five hundred dollars ($500.00) for each violation, in addition to one hundred dollars ($100.00) per day for each day the violation continues.
d. For the purposes of determining a repeat violation, an "initial violation" means the first violation of a particular section of the act or this chapter within the previous three (3) years. An identical or similar violation (example: a violation of vertical or horizontal separation distance or septage disposal) that occurs within a three (3) year period will be considered a repeat violation.
B. Correction Of Violation: Correction of violations that are considered serious health hazards as determined by the department or local health department shall begin immediately and be completed within seven (7) days. Other violations shall be corrected within thirty (30) days after notification by the department or the local health department. An exception to this requirement may be authorized by the department or local health department when extenuating circumstances prevent correction in a timely manner. Examples of extenuating circumstances include weather, physical conditions that prevent construction or repair, or lack of adequate materials. The department or local health department may also grant an extension of time for correction, based on the type and seriousness of the violation and the violator's demonstrated progress in correcting the violation.
C. Prosecution: Any violation may be enforced by the village or referred to the state's attorney of the county in which it occurs or to the attorney general for prosecution.
D. Compliance With Chapter: When any private sewage disposal system constructed prior to the effective date of this chapter is reconstructed, altered or extended, or subject to any change in any condition affecting its operation or functioning, it shall comply with the provisions of this chapter.
E. Enforcement Officer To Inspect: The enforcement officer is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter.
F. Approval Before Operation: No individual sewage disposal system shall be covered or placed in operation until the system has been inspected and written approval of the system has been issued by the enforcement officer.
G. Inspection Before Backfilling: If any person constructs, installs, repairs or modifies a private sewage disposal system without complying with the requirements of this chapter and backfills any portion of the system or covers any portion of the system with earth, cinders, gravel, shale or any other material that will prevent the enforcement officer from viewing the system to determine compliance with this chapter, the property owner and/or private sewage disposal installation contractor shall uncover the backfilled or covered portions of the system.
H. Notice: Whenever the enforcement officer determines that a violation of any provision of this chapter has occurred, he shall give notice to the person or persons responsible for such violation. The notice shall:
1. Be in writing.
2. Include a statement of the reasons for issuance of the notice.
3. Allow reasonable time as determined by the enforcement officer for performance of any act required for compliance.
4. Be served upon the person responsible for the violation(s); provided, that such notice shall have been properly served upon the person responsible for the violations when a copy thereof has been sent by regular or registered or certified mail, postage prepaid, to the last known address as furnished to the enforcement officer or when he has been served with such notice by any other reasonable method; and
5. Contain a brief description of remedial action which is required to effect compliance with this chapter.
(Source: Amended at 37 Ill. reg. 14994, effective August 28, 2013) (Ord. 15-961, 4-14-2015)