§ 52.03  PERMITS.
   (A)   Minimum lot size for a residential structure requiring a private sewage disposal system, but with a public water system, shall be 20,000 square feet in area 43,560 square feet (one acre) in area, and where a private water supply and a private sewage disposal system is proposed, shall be one acre in size. However, a greater area may be required for such lots if, in the opinion of the Health Department, there are other factors of drainage, soil conditions, or other conditions which may cause potential health problems. Lots plotted and on record before the effective date of this chapter, will be given special consideration when applying for a permit. If a smaller area is requested, and there are extenuating or unusual circumstances, a variance may be granted if in the opinion of the Health Department, an approved system can be installed and no potential health hazards will exist. 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.
   (B)   It shall be unlawful for any person to construct, alter or extend individual domestic sewage disposal systems within the county unless he or she holds a valid permit issued by the Health Department stating the name of such person for which the specific construction, alteration or extension is proposed.
   (C)   All applications for permits granted under the provision of this chapter shall be made to the Board of Health or its duly authorized representative. Sufficient data shall be included to allow review and to determine whether the proposed application for permit meets the requirements of this chapter.
   (D)   A permit shall only be issued to a homeowner and/or a county licensed private sewage disposal system installation contractor installing a sewage disposal system.
   (E)   Permit application forms provided by the Health Department shall be completed and signed by each applicant and shall include the following:
      (1)   Name and address of the applicant and location of the proposed site of construction, alteration, or extension as proposed;
      (2)   Complete plan of the proposed disposal facility, with substantiating data, if necessary, attesting to its compliance with the minimum standards of this chapter; and
      (3)   Such other information as may be required by the Health Authority to substantiate that the proposed construction, alteration, or extension complies with minimum standards of this chapter.
   (F)   The Board of Health or its authorized representative may refuse to grant a permit for the construction of a private sewage disposal system where public or community sewage systems are available. A sewer shall be deemed available when a public 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 public 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 deemed to be not greater than 300 feet for a single family residence and not greater than 1,000 feet for a commercial establishment, subdivision or multi-family dwelling.
   (G)   The Board of Health or its authorized representative shall act upon all applications within 15 days of receipt thereof.
   (H)   The permit to construct is valid for a period of six months from date of issuance. If construction has not started within this period, the permit is void.
   (I)   Percolation tests, as required by this chapter, shall be performed according to the provisions of the Illinois Private Sewage Licensing Act and Code adopted hereinafter by reference. Percolation tests may be performed by private sewage disposal system installation contractors holding a valid county registration certificate, person given written permission by the Health Department, or the authorized representative of the Health Department. The Health Department reserves the right to determine the validity of any test and in cases where more than one test is performed the Health Department shall determine which test results shall prevail. The Health Department shall be notified at least one day prior to the performance of all tests and may supervise any test.
   (J)   The Health Department shall be notified of any modification, change or repair to any private sewage disposal system by either a home owner or contractor to determine whether that modification, change, or repair requires a permit as set forth in division (B) of this section. The routine cleaning of disposal system components, replacing septic tank cover, or rodding out inlet and outlets, does not require a construction permit as defined under this section.
   (K)   There may be a fee charged for the initial construction permit, alteration or extension of an individual sewage system. The fee shall be collected by the Health Department at the time an application for permit is submitted, and shall be deposited into the Health Department Fund. The fee schedule shall be as approved by the Board of Health.
   (L)   The Board of Health or its authorized representative shall not grant a permit for the construction of a private sewage disposal system for any newly proposed structure or house that requires a private sewage disposal system permit without first obtaining a valid county building permit issued by the Supervisor of Assessments’ office. A copy of the valid county building permit must be submitted to the County Public Health Department when applying for a private sewage disposal system permit. Under no circumstances will a private sewage disposal system permit be issued without the County Public Health Department first receiving a copy of the valid county building permit.
(Ord. passed 2-14-1984; Ord. 2004.2, passed 5-11-2004; Ord. 0-2005.3, passed 11-8-2005) Penalty, see § 52.99