(A) Authority. The Health Officer, in order to protect and promote the health, safety, and general welfare of the people of Lake County, Illinois, and other affected communities, is authorized and directed to develop procedures, practices and policies; to interpret and enforce these rules and regulations establishing minimum standards for sewage discharges, the location, installation, alteration, operation, maintenance, and monitoring of all onsite wastewater treatment systems, so as to protect land, water, groundwater and other natural resources within the County of Lake from impairment, pollution, or destruction; to minimize the risk of spreading communicable diseases, and to prevent and avoid other health and ecologic hazards, as well as illicit discharges and chemical contamination of lands and waters.
(B) Minimum standards. This chapter establishes minimum standards to minimize the risk that onsite wastewater treatment systems:
(1) Contaminate any drinking water supply;
(2) Are accessible to insects, rodents, or other possible carriers of disease that may come into contact with human food or drinking water;
(3) Pollute or contaminate the water of any bathing beach or surface waters used for public or domestic water supply or recreational purposes;
(4) Give rise to a nuisance due to odor or unsightly appearance; and
(5) Violate any other laws or regulations governing control of water pollution or sewage disposal.
(C) Onsite wastewater treatment system construction. No person shall construct an onsite wastewater treatment system without prior approval of the Health Officer, which shall include the approval of the site plan for the onsite wastewater treatment system, and the issuance of construction approval, with the exception that construction approval shall not be required for a replacement onsite wastewater treatment system, non-soil based onsite wastewater treatment system, or repair to an onsite wastewater treatment system.
(D) Alterations or additions to properties. No person shall alter, expand, remodel, replace or add to a dwelling or non-residential building served by an onsite wastewater treatment system without prior approval of the Health Officer.
(E) Subdivision of property. No property, where onsite wastewater treatment systems are proposed to be used, shall be subdivided into two or more lots, nor shall there be a change or rearrangement of lot lines without prior approval of the Health Officer.
(F) Public sewer availability. The Health Officer shall refuse to issue approval for a site plan to install, replace, or repair an onsite wastewater treatment system where a public sewer is available. A public sewer shall be deemed available when the nearest property boundary line of the property to be served is located within a reasonable distance of the public sewer connection point, and the connection is permitted by the controlling authority of the public sewer. Investigation of public sewer availability shall be conducted by the licensed onsite wastewater system installation contractor or designer and shall be indicated on a plan submitted with an application for approval.
(1) Reasonable distance. A reasonable distance shall be 300 feet from the nearest property boundary of a single family dwelling, and 1,000 feet from the nearest property boundary of a non-residential, multi-family, or proposed subdivision property boundary, except where the subdivision does not result in the creation of an additional parcel or parcels. The distance shall be measured along the proposed route of the sewer, as required by the controlling authority or by other persons or agencies having authority to determine the route of the sewer.
(2) Annexation exclusion. If annexation is required by the controlling authority for permission to connect to the public sewer, the sewer shall be deemed unavailable.
(3) Pre-treatment component exclusion. The Health Officer may issue a permit to replace an OWTS pre-treatment component or lift station that is creating an imminent health hazard where a public sewer is available if the controlling authority of the public sewer does not object to the issuance of the permit.
(G) Property boundaries. Onsite wastewater treatment systems shall be located on property owned, either in whole or in part, by the owner of the building(s) served.
(1) Off-lot systems. A system component of an onsite wastewater treatment system may be located on property not owned by the owner of the onsite wastewater treatment system, provided a platted easement exists for the location of the system component and associated conveyance piping.
(H) Regulatory floodway. No component of an onsite wastewater treatment system shall be installed in a regulatory floodway.
(Ord. [Bd of Health Ord., Art. V], passed 11-12-1996; Ord. [Bd of Health Ord., Art. V], passed 11-12-2013; Ord. 17-0605, passed 6-13- 2017; Ord. 19-0775, passed 5-14-2019; Ord. 24-1005, passed 8-13-2024)