§ 8.04.370 GENERAL REQUIREMENTS.
   A.   Owner’s Responsibility. Property owners of all buildings or places where people live, work, or assemble, shall provide for the sanitary disposal of all human waste and domestic sewage. Human waste and domestic sewage from each such building or place not disposed of by discharging into a sanitary sewer, shall be disposed of in compliance with this Ordinance.
   B.   Building Occupancy. No person shall occupy or permit occupancy of any building or structure not in compliance with Subsection A. above.
   C.   Rate of Flow for Domestic Sewage. Each unit of the private sewage disposal system shall be designed to treat the volume of domestic sewage discharged to it. The volume of sewage flow shall be determined from § 8.04.430 A-D and Tables I and II (See Appendix B).
   D.   Type of Waste. A private sewage disposal system shall be designed to receive all domestic sewage from the buildings served. No cooling water, groundwater, discharge from roof drains, discharge from footing tile drains, swimming pool wastewater, or other clear water discharges shall be directed to the private sewage disposal system. Waste products, such as automotive grease, oils, solvents, and chemicals, shall not be discharged to a private sewage disposal system. These waste products shall be handled according to the rules for disposal of oil, gas and grease promulgated under the Environmental Protection Act, or according to 35 Ill. Adm. Code Subtitle G, or shall be taken to an oil and gas reclamation center. Drains or fixtures receiving any wastewater other than domestic sewage shall be discharged to a special waste holding tank and not to a private sewage disposal system; (See § 8.04.730).
   E.   Water Softener Backwash. Backwash water from a water softener shall discharge to one of the following:
      1.   A septic tank followed by a seepage field.
      2.   A separate building drain, in accordance with the Illinois Plumbing Code, that will discharge to a subsurface seepage system, provided that seepage field is designed to accommodate the flow from this device on a daily basis. The separate building drain from this device may bypass the septic tank in front of the seepage field. A septic tank is not required in front of a seepage field receiving flow from this device.
   F.   Hot Tub Wastewater. Domestic sewage generated by a hot tub or other similar device shall be discharged to one of the following:
      1.   A separate subsurface seepage system, provided the seepage field is designed to accommodate the liquid capacity of the hot tub on a daily basis. A septic tank is not required in front of a seepage field receiving flow from this device.
      2.   The septic field serving the domestic sewage flow, provided the seepage field is increased in size to accommodate the additional flow from the hot tub on a daily basis. This drainage shall be piped around the septic tank and directly into the seepage field.
   G.   Clear Water Discharges. Clear water wastes may be discharged directly to storm sewers, natural drainage areas, or to the ground surface without additional treatment provided that it does not conflict with any State or local drainage law. Such drainage shall not result in nuisance conditions which create an offensive odor, or which produce a stagnant wet area, or which produce an environment for the breeding of insects.
   H.   Swimming Pools. Wastewater from swimming pools may not be discharged to a private sewage disposal system receiving domestic sewage. Wash or backwash water from swimming pool sand filters may be discharged to natural drainage areas, storm sewers, or to the ground surface provided that it does not conflict with any State or local drainage law. Diatomaceous earth filter wash or backwash water may be discharged to one of the above after treatment consisting of one of the following:
      1.   Passing the earth filter wash or backwash water through a separation tank designed for removal of the diatomaceous earth and suspended solids.
      2.   Settling the earth filter wash or backwash water in a tank, which is capable of holding the volume of one backwash. One backwash is defined as the amount of water generated from the backwash of the filters for a period of 2 minutes for diatomaceous earth filters, at the required backwash flow rate. The tank shall be dewatered after settling and prior to subsequent backwashes. Settled sludge shall be periodically removed to prevent flushing of solids during backwashing.
      3.   A separate private sewage disposal system designed and constructed in accordance with the applicable Sections of this Ordinance.
   I.   Individual Service. The use of a private sewage disposal system to serve more than one property is prohibited except where a common property is provided, under joint ownership of the users, or where the system is under public jurisdiction or managed by a district established for the maintenance of such systems.
   J.   Water and Sewer Line Separation. The following criteria shall govern the separation of water supply lines and sewer lines:
      1.   Horizontal Separation. Sewers shall be installed at least 10 feet horizontally from any existing or proposed water line. When local conditions prevent a lateral separation of 10 feet, a sewer may be laid closer than 10 feet to a water line provided that the elevation of the crown of the sewer is at least 18 inches below the invert of the water line, and the sewer line is Schedule 40 or heavier material with watertight joints.
      2.   Crossings. Where sewer lines must cross water lines, the sewer line shall be laid at such an elevation that the crown of the sewer line is at least 18 inches below the invert of the water line. This vertical separation shall be maintained for that portion of the sewer line located within 10 feet horizontally of any water line it crosses. When sewer lines must cross above water lines, the sewer lines shall be Schedule 40 or heavier material with watertight joints.
   K.   Permit Required. No private sewage disposal system shall be constructed, replaced, modified, altered, extended or repaired until a permit has been issued by the Health Authority. Applications for permits shall be in writing on forms provided by the Department and shall be signed by the owner or his authorized agent. Said permit to construct replace, modify, alter, extend or repair shall be valid for a period of two (2) years from date of issuance. If construction or repair is not commenced and significant progress not achieved within said period, the permit shall expire unless an extension is approved by the Health Authority. The permit can be renewed for a period of 6 (six) months for 1/2 of the prevailing permit fee, provided all the conditions of the original submittal remain valid. Where a septic system is required for a structure, no building permit shall be issued without the prior or simultaneous issuance of a septic permit. No private sewage disposal system shall be put into use until it has been approved by the Health Authority.
   L.   No Permit Required. No permit is required when the nature of a repair is so minor as to not influence the size or substantially alter the function of the system (i.e., broken vent pipe, settling of distribution box, etc.). Replacement of seepage stone, gravelless seepage system or perforated pipe in the seepage area of the septic system requires a permit for repair or replacement.
   M.   New Construction. For the purposes of this Ordinance, new construction is considered a new structure, or when 50% or more of the habitable square footage of an existing structure is added, or when additional bedrooms are added to an existing structure, or when there will be additional estimated domestic sewage flows in a non-residential structure, or when an addition to an existing structure will not meet the setback requirements in Table IV (See Appendix B.) In all such cases, the septic system shall either be in compliance with Article IV requirements or new septic plans approved for the new construction prior to the issuance of the building permit.
   N.   Exemptions.
      1.   Structure Destroyed or Unsound. In the event a structure is destroyed by 50% or more of the existing habitable square footage by fire, wind, or water, or 50% or more of the existing habitable square footage is determined by a Licensed Architect or Structural Engineer to be unsound; it shall be eligible for a replacement structure if the property cannot support a private sewage disposal system meeting Article IV new construction requirements. A replacement residential structure must be of the same number of bedrooms and can be up to 50% larger in habitable square footage than the original structure. A replacement non-residential structure must have the same estimated domestic sewage flow (See Table II, Appendix B) of the original structure. A Licensed Architect or Structural Engineer shall issue a certificate as to the condition of the structure to the Health Authority; or
      2.   Additions Greater than 50%.
         a.   When additions greater than 50% of the habitable square footage of the existing structure and no new bedrooms are added; the private sewage disposal system must be in acceptable condition, as confirmed by an evaluation provided by an Illinois Licensed Engineer or Licensed Environmental Health Practitioner; or
         b.   New private sewage disposal system plans must have been approved by the Department for the structure.
   O.   Other Restrictions. The above exemptions do not supersede any local zoning or building restrictions (i.e. minimum size of structure and structure setbacks).
   P.   Application for Permit. Application for permits shall be in writing, shall be signed by the applicant, and shall include the following:
      1.   Name and address of the applicant, and date and signature of owner, owner’s agent or private sewage disposal system installation contractor.
      2.   The location and legal description of the property and permanent property index number (PPI) on which construction, repair, replacement, modification, alteration or extension is proposed, and size (dimensions) and area of lot or building site. A survey of the property shall be provided.
      3.   For single-family residences – the number of bedrooms. For non-residential structures, the estimated domestic sewage flows from Table II (see Appendix B).
      4.   A description including sizes of each unit of the proposed sewage treatment or disposal systems, and all calculations that entered into the sizing of the system(s).
      5.   Evidence to demonstrate that a public sewer, is not available and accessible, to the property line of the building for which a septic system is proposed. For non-residential structures, available shall mean within 1000 feet of the property line.
      6.   Soil findings from on-site soil evaluation shall be provided as required in § 8.04.420A through § 8.04.420E. This shall be accompanied by a drawing (plan) depicting the exact location (including dimensions) of soil borings on the property.
      7.   Four (4) copies, 17" x 22", of the engineered design of the system drawn to scale (one inch equals 10', 20', or 30') and fully dimensioned, and specifications to fully describe the system. It shall show:
         a.   Lot boundaries and property dimensions;
         b.   Proper orientation of directions relative to the property in question;
         c.   Location of any underground utilities;
         d.   Locations of any easements and/or septic restricted areas;
         e.   Locations and sizes of all drains, wells, stormwater drywells, buildings, driveways, parking areas, sidewalks, decks, patios, and designated subsurface seepage and future replacement subsurface seepage areas, whether existing or proposed on the subject and adjacent properties;
         f.   The private sewage disposal system to be constructed, repaired, replaced, modified, altered or extended;
         g.   Locations of soil borings;
         h.   A clearly described bench mark which will be maintained throughout the construction period;
         i.   Any trees to remain within 10 feet of any part of the private sewage disposal system;
         j.   Existing and proposed topography in one foot contours;
         k.   Building foundation elevation;
         l.   A detailed plan of proposed tank(s) and effluent disposal system (both top and side view);
         m.   All critical elevations, (e.g. top of foundation, invert of plumbing stub-out, inlet and outlet of tank, inlet of distribution box, seepage tile line, bottom of trench, etc.) referenced to the benchmark;
         n.   Septic system design calculations (sizing, LPP calculations, etc.);
         o.   Building location with all lateral distances indicated, including distance from building served to system, from system to well(s) (list type of wells), adjoining systems, lot lines, lake, stream or other water-course;
         p.   Detail of lift station including tank size, dose, reserve capacity, pump specifications, forcemain protection and high water alarm;
         q.   Trench detail showing a cross sectional view of the subsurface seepage area; and
         r.   A statement, which specifies whether or not the septic system is designed to accommodate a hot tub or garbage grinder/garbage disposal; and
         s.   Location of special waste holding tank on subject and neighboring properties.
   Q.   All septic system designs shall be drawn by or under the direct supervision of a Registered Professional Engineer (as that term is defined in 225 ILCS 325) or Licensed Private Sewage Disposal Installation Contractor (as defined) or a Licensed Environmental Health Practitioner (as defined). All septic system designs shall be based on soil characterization information determined by a soil classifier, meeting the criteria in § 8.04.420 A through § 8.04.420 E. All copies of application forms and plans shall bear signature and license expiration date of the individual who performed or supervised the specific work. Any person who designs a septic system shall be responsible for the accuracy of all information required by Subsection P. above on that design.
   R.   Permit Granted. When, upon review of the application, the proposed design meets the requirements of the Ordinance, the Health Authority shall grant written approval of said application.
   S.   Permit Denial. When, upon review of the application, the Health Authority finds the information incomplete, inaccurate, or does not meet the requirements of this Ordinance, he/she shall deny approval of said application.
   T.   Appeal of Review or Permit Denial. Any permit applicant may appeal the review or denial of any permit application through the provisions set forth in Article I of the Public Health Ordinance.
   U.   Variances. When circumstances exist which make impractical full compliance with the requirements of this Ordinance, as listed in this paragraph, an applicant may request that the Health Authority grant a variance. Such request shall be made in writing and shall accompany the system plans. Any data which supports the request shall be submitted. The Health Authority may grant the request for variance, provided said variance does not conflict with the stated purpose of this Ordinance. (See Table VIII in Appendix B for general guidelines.)
   V.   Variances for Existing Structures. When variations are granted for separation distances to water wells; separation from bottom of trench to limiting layers; location of the system in the flood hazard area or for sizing of the seepage area at less than required based upon Table I in Appendix B for replacement septic systems for existing structures, these restrictions must be recorded as covenant(s) running with the land with the McHenry County Recorder of Deeds.
   W.   Maintenance of Private Sewage Disposal Systems. Private sewage disposal systems installed after January 1, 2014 shall be maintained in compliance with Section 905.20q of the Illinois Private Sewage Disposal Code.
(Ord. O-201711-51-031, passed 11-14-2017)