General Provisions – Permit Requirements.
A. Any person who collects, stores, transports, disposes or uses septage, portable toilet waste, or domestic sewage removed from a holding tank, privy vault or sanitary dump station in McHenry County, shall be licensed by the Illinois Department of Public Health (IDPH) as a private sewage disposal system pumping contractor, permitted by the Department, and knowledgeable of the requirements of this section.
B. The collection, storage, transportation, disposal and use of septage, portable toilet waste, or domestic sewage removed from a holding tank, privy vault, or sanitary dump station in McHenry County shall meet all the requirements of this Section, the Illinois Private Sewage Disposal Licensing Act and Code, and Title 40 of the Code of Federal Regulations, Part 503 “Standards for the Use or Disposal of Sewage Sludge” (40 CFR Part 503).
C. Whenever the Department determines, through inspections or other means, that there is a violation of any provision of this Section, the Department may, without any further notice, institute or cause to be instituted legal proceedings in the Circuit Court of McHenry County in cooperation with the State’s Attorney’s Office.
D. The Department shall issue a Private Sewage Disposal System Pumping Contractor Permit to persons applying for such permit who have met the requirements of this Section and all other applicable regulations and who pay the required annual permit fee in an amount established in the Public Health Fee Ordinance. A permit issued under this Section must be renewed annually and shall expire on January 31 of the year following issuance. The Department may suspend or revoke any permit for a violation(s) of this Ordinance. An appeal of such suspension or revocation and any penalty for activities after permit suspension or revocation shall be as established by the Ordinance. Application for a Private Sewage Disposal System Pumping Contractor Permit shall require completion of an application form produced by the Department. Any person who submits false information in an application for a Private Sewage Disposal System Pumping Contractor Permit shall be in violation of this Ordinance. In the application, the contractor shall submit information including, but not limited to, the following:
1. Company Name.
2. Owner and Operator Name.
3. Owner and Operator Home and Mailing Addresses.
4. Company Telephone Number.
5. Full name, and IDPH Private Sewage Disposal System Pumping Contractor license number for each individual engaged in the collection, storage, transportation, disposal or use of septage, portable toilet waste, or domestic sewage removed from a holding tank, privy vault, or sanitary dump station.
6. Number of vehicles used to collect, store, transport, dispose or use septage, portable toilet waste, or domestic sewage removed from a holding tank, privy vault, or sanitary dump station.
7. Address and permanent index number(s) (PIN) for all sites where septage, portable toilet waste, or domestic sewage removed from a holding tank, privy vault, or sanitary dump station has been stored, disposed or used.
8. A description of all the types of waste that the contractor collects, transports, stores, disposes or uses.
9. A description of disposal or use methods for septage or any other waste, and any other records required to be maintained by State or Federal law pertaining to the collection, transportation, storage, disposal or use of septage, portable toilet waste, or domestic sewage removed from a holding tank, privy vault, or sanitary dump station.
10. Rate/quantity, in gallons per acre per month, and per 365 day period, that septage was land applied at any site in McHenry County.
E. Disposal Methods. Septage, portable toilet waste, or domestic sewage removed from a holding tank, privy vault, or sanitary dump station shall be disposed or used in McHenry County only by the methods established in this Section:
1. Sewage Treatment Facility: Discharge to a municipal sanitary sewer system is approved when the municipality has approval from the Illinois Environmental Protection Agency (IEPA) to receive septage from private sewage disposal systems and the contractor has written approval from the municipality to discharge septage into the system.
2. Application to Agricultural Land: Septage shall be applied to land only as specifically established in this Section. No person shall land apply portable toilet waste, or domestic sewage removed from a holding tank, privy vault, or sanitary dump station in McHenry County.
3. Other Approved Methods: Septage may be disposed of by other methods subject to the approval of that method by the Illinois Environmental Protection Agency, the Illinois Department of Public Health and the McHenry County Department of Health.
F. Septage Management Site Permit. No person shall store, dispose or use septage at any site in McHenry County, other than an IEPA permitted sewage treatment plant, without a valid permit issued by the Department.
The Department shall issue a Septage Management Site Permit to persons applying for such permit who have met the requirements of Subsection G. – Subsection N. below, and all other regulations and who pay the required annual permit fee in an amount established in the Public Health Fee Ordinance. A permit issued under this section must be renewed annually and shall expire on January 31 of the year following issuance. The Department may suspend or revoke any permit for a violation(s) of the Ordinance. Any appeal of such suspension and any penalty for continued use of a site after permit suspension shall be as established by the Ordinance. A permit is required for each site where septage is stored, disposed or used.
G. Land Application Site Requirements. No person shall apply septage to land in McHenry County in a manner that does not meet the requirements of this Section, the requirements of the Illinois Private Sewage Disposal Licensing Act and Code, and the requirements of 40 CFR Part 503. No person shall land apply holding tank waste or portable toilet waste in McHenry County.
1. Municipality notification: No Septage Management Site permit shall be issued within the boundaries of a municipality without the applicant submitting documentation of having provided written notification to the municipality's corporate authority.
2. Water table: No person shall apply septage to land where the depth to the seasonal high ground water table or to fractured limestone formations is less than 4 feet below the ground surface.
3. Floodplain: No person shall apply septage to land that is at or below the 100-year floodplain elevation.
4. Slope: No person shall apply septage to land having greater than five percent (5%) slope.
H. Land Application Site Setback Requirements. All land used for the land application of septage shall be offset as established by this Section.
1. Water Wells: No septage shall be land applied within 300 feet of a water well.
2. Public Roads: No septage shall be land applied within 100 feet of a public road.
3. Residential, Commercial or Industrial Areas: No septage shall be land applied within 500 feet of homes, commercial, or industrial buildings, where people live, work, or assemble.
4. Surface Waters: No septage shall be land applied within 200 feet of any surface water, pond, lake, stream, river, creek, wetland or surface inlet to subsurface drains.
I. Land Application Site Management.
1. Site boundaries: The boundaries and restricted areas of all septage land application sites shall be marked off by clearly visible stakes or another method approved by the Department.
2. Even application: Septage shall be applied evenly over the application area. No person shall apply septage to land with water or septage ponded upon it.
3. Rainfall: No person shall land apply septage to land which has received rainfall of 1/2 inch or more during the 24 hour period preceding the application time.
J. Land Application Rates. No person shall apply septage to land in excess of the application rate established in the Illinois Private Sewage Disposal Licensing Act and Code or the annual application rate established in 40 CFR Part 503. Septage shall be land applied in accordance with the lowest (most stringent) application rate established by State and Federal regulations.
K. Recordkeeping. When septage is applied to land, the person who applies the septage shall develop the following information and retain the information for five (5) years. The information shall be made available to the Department for inspection or copying upon request.
1. The location, by either street address or permanent property index number, of each site on which septage is applied.
2. The number of acres in each site on which septage is applied.
3. The date and time septage is applied to each site.
4. The nitrogen requirement for the crop or vegetation grown on each site during a 365 day period.
5. The rate/quantity, in gallons per acre per month and also per 365 day period, at which septage is applied to each site.
6. Certification statement pertaining to pathogen and vector reduction requirements as described in 40 CFR Part 503.
7. A description of how pathogen and vector attraction reduction requirements as described in 40 CFR Part 503 are met.
L. Nuisance Conditions. Where it is determined by the Department that nuisance conditions exist which create an offensive odor, produce a stagnant wet area or produce an environment for the breeding of insects, then septage shall be immediately incorporated into the soil.
M. Spillage. No person shall cause or allow the release or discharge of septage, portable toilet waste, or domestic sewage removed from a holding tank, privy vault, or sanitary dump station onto any public road or right-of-way.
N. Vehicles And Equipment. All vehicles used for the collection and transportation of septage, portable toilet waste, or domestic sewage removed from a holding tank, privy vault, or sanitary dump station shall be in compliance with the Illinois Private Sewage Disposal Licensing Act and Code.
O. Inspections.
1. Land Application Sites: The Health Authority shall inspect any site utilized for the land application of septage for compliance with this Ordinance not less often than one time per year.
2. Vehicles and Equipment: All vehicles and equipment used for the collection, transportation, storage, disposal or use of septage, portable toilet waste, or domestic sewage removed from a holding tank, privy vault, or sanitary dump station shall be subject to inspection and approval by a representative of the Department at any reasonable time. Upon request of the Department such vehicles and equipment shall be made available for inspection at a designated location. The Department shall inspect all vehicles used for septage management for compliance with this Ordinance at least one time per year.
P. Enforcement. The Department may perform inspections, issue notices and orders requiring action, and initiate legal action as may be necessary to assure compliance with this Section.
Q. Other Regulations. The requirements established by this Ordinance do not preclude compliance with any applicable State or Federal regulation.
R. Conflict. Whenever the provisions of this Section conflict with any applicable ordinance, regulation, or rule, the most stringent requirement shall be applied.
(Ord. O-201711-51-031, passed 11-14-2017)