§ 94.29 COMPLIANCE AND PERFORMANCE.
   (A)   All private sewage disposal systems within the limits of the county shall be constructed, installed, maintained, and serviced by an individual with a valid private sewage disposal system installation contractor’s certificate. All such systems shall be pumped, cleaned, and the contents hauled and disposed of by individuals with a valid private sewage disposal system pumping certificate. A homeowner may install and/or service a private sewage disposal system which serves his or her own personal single-family residence.
   (B)   (1)   All septic tank and/or aeration units manufactured, sold, offered for sale, or delivered in the county shall comply with provisions in this chapter. Owners whose property is served by an aerobic unit and/or has a surface discharging system are required to have at all times an active contract to inspect the operation and ensure proper maintenance of the system. The inspection and maintenance must be done by a certified private sewage disposal installation contractor. The homeowner of an ATU may conduct the inspection and maintenance as defined within the Act, but the inspection and maintenance shall be performed per the manufacturer’s requirements to assure proper operation. At a minimum, surface discharging systems shall be inspected and/or maintained as follows and in accordance with the IDPH Private Sewage Code:
         (a)   Aerobic treatment units: once every six months. Inspection and maintenance must be performed by a manufacturer’s authorized service representative;
         (b)   Sand filters: once a year, with a minimum of six months between inspections;
         (c)   Waste stabilization pond: once a year, with a minimum of six months between inspections; and
         (d)   All other surface discharging systems shall be inspected at a frequency established by the Health Department.
      (2)   The Health Department reserves the right to increase the frequency of inspection and/or maintenance of surface discharging systems if components within the system require a more frequent inspection or maintenance, or if the system is not operating properly.
   (C)    All existing surface discharging systems whose effluent leaves their property or has the potential to leave their property must meet the state’s Department of Public Health effluent standards and be sampled a minimum of once a year. Effective January 1, 2020, based on the effluent results and no flow history, the sampling may be reduced to once every three years. All discharging systems shall comply with the sampling requirements as specified in the Private Sewage Disposal Code, being 77 Ill. Adm. Code 905. Sample results must be submitted to the County Health Department within 45 days of the date the sample was collected. As of February 10, 2014, new installations and systems that are repaired must have an EPA NPDES general permit No. IL G62 (if required) prior to discharging. Those systems must meet the sampling requirements of the EPA NPDES general permit No. IL G62 and submit sample results to County Health Department within 45 days of the date the sample was collected.
   (D)   An operational inspection is recommended for any private sewage disposal system, which is part of a sale of property or an exchange of ownership prior to closing. If an operational inspection is completed, any necessary repair or replacement revealed by the inspection shall be completed by, or provided for, by escrowed funds at the closing on the sale of the property. It is the responsibility of the buyer and seller to ensure that all required corrections listed in the report are completed and are in compliance with this chapter. It is the responsibility of the buyer to provide documentation to this department within 60 days of closing showing all corrections listed in the report have been completed.
   (E)   If an operational inspection is completed, the new owner of the property shall receive training approved by the Health Department regarding maintenance of their septic system. This training must be completed within 30 days of closing. Training may be completed online, in-house, in the field or by receipt of information regarding the individual’s type of septic system.
   (F)   Operational inspections are valid for 90 days.
   (G)   An operational inspection may be conducted by a private sewage disposal installation contractor registered with the County Health Department or an authorized representative of the Health Department. Operational inspection forms provided by the Health Department shall be fully completed and signed by the inspector, and the buyer and seller if corrections are required, and returned to the Health Department within ten days of inspection by the operational inspector/contractor. Sufficient data shall be included to determine if the septic system is in compliance with this chapter. If an operational inspection is completed, failure to provide operational inspection forms as stated above may result in revocation of the contractor’s registration to perform operational inspections. When septic systems are not in compliance with the chapter, it will be the responsibility of the buyer to provide documentation to this department within 60 days of the closing showing all corrections listed in the report have been completed. A private sewage disposal installation contractor, licensed septic pumper, or licensed plumber (for indoor plumbing only) can complete the required corrections.
   (H)   As of August 1997, any buried sand filter or aeration system installed shall not discharge any effluent directly into any body of water where full body contact activities are allowed. A discharge within 25 feet of the above shall be considered a direct discharge to the received body of water. Effluent from a receiving trench and/or evaporation bed shall not discharge closer than 15 feet from a body of water where full body contact activities are allowed.
   (I)   It shall be unlawful to discharge untreated sewage or effluent from any septic tank directly into any stream, ditch, ground surface, sink hole or abandoned well, or to allow the contents of any privy vault, septic tank, or seepage pit to emit offensive odors, to become objectionable, dangerous or prejudicial, to the public health.
   (J)   Private sewage disposal systems constructed (permitted or non-permitted systems) prior to August 1997 shall be exempt from the provisions of this chapter until such time as the property transfers ownership or in circumstances where existing systems necessitate repair or replacement due to malfunction or nuisance, such repair or replacement shall be in conformance with this chapter to the extent the lot size, soil conditions, topography, and other unalterable constraints will allow as authorized by a variance approved in accordance with this chapter.
   (K)   Effective June 16, 2005, when a property transfers ownership, if the Health Department has no record of a permitted system for a private sewage disposal system, the Health Department may require that a licensed septic contractor verify that a functioning private sewage disposal system is present with no illegal discharges. Cesspools are not considered to be a private sewage disposal system according to the Department of Public Health Title 77: Public Health, Chapter l: Department of Public Health, Subchapter R: Water and Sewage, Part 905: Private Sewage Disposal Code, 77 Ill. Adm. Code 905.30, approved private sewage disposal systems and therefore will not be allowed as a private sewage disposal system.
   (L)   The Board of Health or its authorized representative is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter.
   (M)   (1)   The Department shall have the authority, subject to constitutional limitations, to enter at reasonable times upon private or public property, by its representatives after identification, for the purpose of inspecting and investigating conditions relating to the administration and enforcement of this chapter and the Private Sewage Disposal Code, being 77 Ill. Adm. Code 905.
      (2)   The Department shall have access to any property or building currently served by or will be served by a private sewage disposal system to determine satisfactory compliance with this chapter. This access shall include but is not limited to pre-site layout review, any stage of the initial installation, repair or extension of a private sewage disposal system, final inspection following of grading, investigation of a potentially failing private sewage disposal system and inspection and sampling of surface discharging or potential surface discharging system, and when a property is replatted to ensure that the private sewage disposal system is located on the property of the building it serves.
   (N)   If any private sewage disposal contractor or homeowner who installs a private sewage disposal system shall fill any portion of said system and/or cover the same with earth, cinders, gravel, sand, or any other material which will prevent the same from being readily viewed to determine if said system meets all requirements of the ordinance before receipt of approval by the Health Department, the Health Department may give 15 days notice in writing to such private sewage disposal contractor or homeowner so violating the provision of the ordinance, to uncover such back filled or covered portions of the system.
   (O)   At the end of such 15 days, if no approval for an extension has been granted, and if the private sewage disposal contractor or homeowner shall not have uncovered the private sewage disposal system, the permit is automatically invalidated and penalty action may be taken. The health authority may elect to have the system uncovered at the expense of the private sewage disposal contractor or homeowner. Failure of the homeowner to pay such costs within 30 days shall result in the execution of a lien against the property.
   (P)   (1)   The use of a private sewage disposal system to serve more than one property is prohibited except under IDPH Private Sewage Disposal Licensing Act and Code, 77 Ill. Adm. Code 905.20(c) general requirements individual service.
      (2)   All components of any private sewage disposal system shall be located on the same property as the building it serves. A recorded easement is required to be filed for existing systems that have any component of the private sewage disposal system located on property other that which the building is located. This includes property that is replatted.
   (Q)   Under no circumstances shall any person maintain, allow or operate a private sewage disposal system in such a manner that the Health Department determines it to be an ongoing public nuisance or hazard to the public health or safety. Repeated pumping of a septic tank or aerobic unit to prevent such a public nuisance or hazard is not an acceptable remedy.
   (R)   A minimum 10- to 25-foot horizontal separation between all components of the private sewage disposal system and a buried sprinkler system shall be maintained. For specific distances to each component, see 77 Ill. Adm. Code 905, Appendix A, Illustration D.
   (S)   All subsurface seepage systems that consist of chambers or gravelless piping shall be provided with inspection ports as design allows. A minimum of one inspection port shall be installed on the gravelless piping or chamber system located at a point farthest from the septic tank. It is suggested that the inspection ports be a minimum of three inches above grade.
   (T)   A distribution box, when used, shall be constructed with a removable lid and a minimum six- inch diameter riser for access for inspection, cleaning, and general maintenance. It is suggested that the riser extends a minimum of three inches above grade. During an operational, zoning, complaint, or repair inspection if the distribution box does not have a riser, one must be provided.
   (U)   Access to the interior of the septic tank shall be provided to allow inspection and maintenance. A minimum 12-inch diameter manhole or riser shall be installed over the tank inlet and outlet. It is suggested that the manhole or riser extends a minimum of three inches above grade. During an operational, zoning, complaint, or repair if the existing septic tank does not have a riser, one must be provided.
   (V)   Access to the tank outlet shall be provided if a filter has been installed in the baffle. A manhole or riser shall be installed. It is suggested that the manhole or riser extends a minimum of three inches above grade. During an operational, zoning, complaint, or repair if the existing septic tank does not have a riser over the outlet baffle for easy access to the filter, one must be provided.
   (W)   A chlorine contact tank shall be provided with a minimum six-inch riser for access for inspection, cleaning and general maintenance. It is suggested that the riser extends a minimum of three inches above grade. During an operational, zoning, complaint, or repair if the existing chlorine contact tank does not have a riser one must be provided.
   (X)   Private sewage septic tanks shall have a pumping evaluation a minimum of once every five years.
(Prior Code, 6 TCC 1-5) (Ord. E-19-96, passed 5-29-2019; Res. E-21-42, passed 2-24-2021; Res. E-23-64, passed 4-26-2023)