A. Powers And Duties Of The Department. In accordance with the provisions of the McHenry County Private Sewage Treatment and Disposal Ordinance, the Department has the following powers and duties:
1. To make such inspections as are necessary to determine satisfactory compliance with the Private Sewage Disposal Ordinance.
2. To review and comment on soil evaluations and issue permits.
3. To investigate when a violation of any provision of the Private Sewage Disposal Ordinance is reported to the Department.
4. To enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the administration and enforcement of the Private Sewage Disposal Ordinance.
5. To institute or cause to be instituted legal proceedings in the Circuit Court of McHenry County in cooperation with the State’s Attorney’s Office in cases of non-compliance with the provisions of the Private Sewage Disposal Ordinance.
B. Violations. Whenever the Department determines through inspections or other means, that there is a violation of any provision of the Ordinance, the Department shall give notice of such alleged violation. Such notice shall:
1. Be in writing.
2. Include a statement of the reasons forming the basis for the issuance of the notice.
3. Contain an outline of remedial action and allow a reasonable time to effect compliance with this Ordinance.
4. Be served upon the owner, operator or resident as the case may require, provided that such notice shall be deemed to have been properly served when the notice has been personally delivered or sent by certified mail, return receipt requested.
5. A “Notice of Violation” may be posted on the property indicating the following:
a. Date and time of inspection.
b. Type of violation noted.
c. Inspector’s name and phone number.
C. Emergency Orders. Whenever, in the judgment of the Department, an emergency exists which requires immediate action to protect the public health, safety, or welfare, a court order may be requested, without notice, conference, or hearing, directing the owner, occupant, operator, or agent to take such action as is appropriate to correct or abate the emergency.
D. Revocation or Suspension of Permit. The Health Authority shall have the authority to revoke or suspend permits when they are issued in error, or where the provisions of this Ordinance are violated. The reason for the revocation or suspension of a permit shall be posted in writing at the site, or mailed to the applicant at the address provided in the permit application, by certified mail, return receipt requested.
E. Penalty. Any person who violates this Ordinance or who violates any determination or order of the Department under this Ordinance, shall be guilty of an Ordinance violation and shall be fined a sum not less than $100 nor more than $500 for each violation. Each day a violation continues constitutes a separate offense. The McHenry County State's Attorney shall bring such action as he deems appropriate in the name of the Department.
F. Invalidity. Should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
G. Conflicting Ordinances. In any case where a provision of this Ordinance is found to be in any conflict with a provision of any other Ordinance or code in force, or adopted subsequent to the effective date of this Ordinance, the more stringent provision shall prevail.
(Ord. O-201711-51-031, passed 11-14-2017)