§ 98.120  PRIVATE SEWAGE DISPOSAL.
   It shall be unlawful for any person to build or maintain any toilet, water closet, urinal, privy, cesspool, septic tank, sewer or other means for the depositing, storing, retaining or disposing of sewage or sink or bathroom wastes which would threaten pollution of the reservoirs or tend to create a nuisance. The construction, operation and maintenance of any sewage disposal facility shall be subject to approval of a permit therefor by the Public Works Director.
   (A)   State statute, rules and regulations adopted by reference. The Illinois Private Sewage Disposal Licensing Act (ILCS Ch. 225, Act 225, § 1 et. seq.) and regulations promulgated by the Illinois Department of Public Health pursuant to the Act, such as are now in force and effect, or as may hereinafter be revised or amended, are adopted and incorporated in this chapter by reference.
   (B)   Jurisdiction. Applications to install, operate and maintain sewage disposal systems on the marginal lands of the reservoirs shall be permitted and inspected consistent with regulations of the Illinois Department of Public Health promulgated pursuant to the Illinois Private Sewage Disposal Licensing Act.
   (C)   Maintenance. In addition to the lien as provided in § 98.130 (B), the city reserves the right to bring an action against the person or persons in violation of this chapter to seek a judgment in the Coles County Circuit Court and to collect such judgment, plus reasonable attorneys fees, as provided by law.
   (D)   All remedies of the city shall be cumulative and the city shall have the right to pursue any lien, judgment or to ask the Circuit Court of Coles County to assess appropriate fines for the violation of this chapter.
      (1)   Maintenance of Aerobic Sewage Disposal Systems. The record owner of any sewage disposal system which employs an aerobic unit for treatment of wastewater shall initiate and keep in force an agreement for inspection and maintenance of the aerobic unit with an authorized representative of the manufacturer of the aerobic unit or licensed private sewage disposal contractor. The agreement shall provide for inspections of the aerobic unit a minimum of two times per year, and shall provide for the repair, replacement, adjustment, pumping or modification of the aerobic unit and for additional inspections as are necessary to ensure the proper operation of the unit. Inspection intervals shall be at least 120 days apart. Inspections shall meet criteria of the Illinois Department of Public Health Private Sewage Disposal Licensing Act and its implementing regulations.
      (2)   Maintenance of septic tank/subsurface seepage field sewage disposal systems. The record owner of a septic tank/subsurface seepage field shall initiate and keep in force an agreement for inspection and maintenance of the system with a licensed private sewage disposal contractor. The Agreement shall provide for an inspection of the system once every three years by a licensed private sewage disposal contractor and shall provide for the repair, replacement or pumping of the system to ensure the proper operation of the system.
      (3)   Reporting. Maintenance of private sewage disposal systems shall be reported as outlined in this section. Contractors who provide maintenance to private sewage disposal systems shall submit to the Health Department in the county of jurisdiction and the Public Works Director:
         (a)   A report of an observed malfunction of a private sewage disposal system contracted for maintenance where the malfunction allows effluent that is or may be inadequately treated to discharge to the ground surface or to a surface water.
         (b)   A report of a cancellation or failure to renew an established maintenance contract, or a refusal of an owner of a private sewage disposal system to undertake necessary repair, replacement, modification, or adjustment to the system.
         (c)   Reports shall be submitted within ten days following the maintenance intervals required by division (C). A report of a discharge of inadequately treated effluent to the ground surface or a surface water shall be reported within twenty-four (24) hours.
         (d)   Reports submitted as required by this section shall be on a form provided or approved by the Illinois Department of Public Health.
   (E)   Additional requirements applicable to aerobic systems. An effluent receiving trench shall be required for all Class I aerobic systems installed after October 16, 1998. Systems installed prior to this date will be required to meet the guidelines of this division upon sale of the property or approval of a lease assignment, unless the Public Works Director approves a variance of these requirements due to insufficient lot size.
      (1)   The effluent receiving trench shall be designed at three gallons per square foot of trench bottom area based on the daily design flow of the system.
      (2)   Effluent receiving trenches or beds shall not be greater than 36 inches below the ground surface and shall have a minimum earth cover of 6 inches and a maximum earth cover of 12 inches.
      (3)   The effluent receiving trench system shall be designed so the entire trench or bed is the first component to be filled with effluent. Any excess effluent shall be directed to the chlorine feed/contract chamber prior to discharge. The effluent receiving trench shall not be installed in direct series with the open-discharge.
(Ord. 2003-5160, passed 3-5-03)