The following definitions shall apply to this Article:
CODE
Shall mean Illinois Department of Public Health Private Sewage Disposal Licensing Act and Code.
DOMESTIC SEWAGE
Shall mean wastewater derived principally from dwellings, business, or office buildings, institutions, food service establishments, and similar facilities.
EFFLUENT RECEIVING TRENCH
Means a seepage line of gravel or gravel-less design used to receive the treated discharge from an aerobic treatment plant or sand filter prior to discharge to the ground surface or other location.
HEALTH DEPARTMENT
Shall mean the Monroe County Health Department, an agency of the Monroe County Board of Health.
HEALTH OFFICER
Shall mean the Administrator of the Monroe County Health Department or his authorized representative.
HOMEOWNER INSTALLED SYSTEM
Shall mean a private sewage disposal system installed by a homeowner for his personal single-family residence.
HUMAN WASTES
Shall mean undigested food and by-products of metabolism which are passed out of the human body.
IMMEDIATE SINKHOLE DRAINAGE AREA
Shall mean any area that contributes surface water directly to the sinkhole(s); this does not include areas which contribute surface water indirectly to a sinkhole (via streams).
LOWER ELEVATION SEGMENTS OF SINKHOLES
Shall include the floor of the sinkhole and the sides of the sinkhole up to a point where the slope of the sinkhole side is less than five percent (5%).
NRCS
Shall mean the USDA Natural Resource Conservation Service.
NSF
Shall mean the National Sanitation Foundation.
PERMIT
Shall mean a written authorization issued by the Board of Health or its authorized representative.
PERSON
Shall mean any individual, group of individuals, association, trust, partnership, corporation, persons doing business under an assumed name in the State of Illinois or any Department thereof, or any other entity.
PRIVATE SEWAGE DISPOSAL SYSTEM CONTRACTOR’S REGISTRATION
Shall mean a Registration Certificate issued by the Monroe County Health Department to all private sewage disposal contractors engaged in the installation and/or servicing of private sewage disposal systems within the limits of Monroe County.
PRIVATE SEWAGE DISPOSAL SYSTEM INSTALLATION CONTRACTOR
Shall mean any person excavating, constructing, repairing, installing, modifying, or maintaining a private sewage disposal system.
PRIVATE SEWAGE DISPOSAL SYSTEM PUMPING CONTRACTOR
Shall mean any person who cleans or pumps waste from a private sewage disposal system or hauls or disposes of wastes removed therefrom.
PRIVATE SEWAGE DISPOSAL SYSTEMS
Shall mean any sewage handling or treatment facility receiving domestic sewage from less than fifteen (15) people or population equivalent and having a ground surface discharge or any sewage handling or treatment facility receiving domestic sewage and having no ground surface discharge.
PROPERTY OWNER
Shall mean the person in whose name legal title to the real estate is recorded.
SEWAGE
Shall mean either human waste or domestic waste or both.
SINKHOLE
Shall mean any natural depression formed as a result of subsurface removal of soil or rock materials and causing the formation of collapse feature that exhibits internal drainage. The existence of a sinkhole shall be indicated by the uppermost closed depression contour lines on the USGS 7 1/2 minute quadrangle topographic maps or as determined by field investigations.
SOIL CLASSIFIER
Means one of the following:
(A) 
A certified soil classifier of the Illinois Soil Classifiers Association (ISCA) or a certified soil classifier with the American Registry of Certified Professionals in Agronomy, Crops and Soils (ARCPACS) or
(B) 
A person who is an associate member of either the Illinois Soil Classifiers Association (ISCA) or the American Registry of Certified Professionals in Agronomy, Crops and Soils (ARCPACS) provided that direct supervision is provided to this person by an ISCA or ARCPACS certified soil classifier who accompanies the person on at least twenty-five percent (25%) of the soil investigations and reviews and signs all of that person’s soil investigation reports.
UPPER ELEVATION SEGMENTS OF SINKHOLES AND SINKHOLE DIVIDES
Shall mean areas having slopes of less than five percent (5%) but does not include the bottoms of sinkholes or subsidiary sinkholes within compound sinkholes.
ZERO EFFLUENT DISCHARGE SYSTEMS AND COMPONENTS
Shall mean private sewage treatment systems and components that emit absolutely no effluent. Systems and components that are one hundred percent (100%) Self contained or that meet or exceed the soil classification requirements of this Chapter, and are approved by Illinois Department of Public Health as zero discharge, shall be accepted as such system.
In addition to those provisions set forth in the Monroe County Health Code, this Chapter hereby adopts, by reference, the provisions set forth in the unabridged form of the current Private Sewage Disposal Licensing Act and Code, 77 Illinois Administrative Code 905 and 906, and any subsequent amendments or revisions thereto, which publication is incorporated herein and adopted by reference as part of this Chapter.
It shall be unlawful for any person to construct, alter or extend a private sewage disposal system within Monroe County unless he holds a valid permit issued by the Health Department stating the name of such person for which the specific construction, alteration, or extension is proposed. Said permit shall indicate a maximum permissible waste loading.
All facilities for the disposal of human excreta or liquid sewage shall be so constructed, maintained, and operated, that there is:
(A) 
No access to this possible cause of sickness and source of filth by flies, rodents, or other vectors of disease or by persons or domestic pets;
(B) 
No unlawful pollution of any stream or other body of water;
(C) 
Adequate isolation to protect wells or other sources of water supply from contamination, and freedom from odor nuisance.
(A) 
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 waste. Human waste and domestic waste from each such building or place not disposed of by discharging into a sanitary sewer shall be disposed of into a private sewage disposal system in compliance with this Code.
(B) 
The owner of any property on which a private sewage disposal system or any of its components is located, shall maintain the system or components in a condition which does not pose a hazard to public health or safety, or a public nuisance.
(C) 
There shall be no discharge of untreated or inadequately treated sewage to the surface of the ground or to drain tiles, sinkholes, streams, rivers, lakes or other collectors of water. An action for violation of this Section may be brought against the owner, lessee, or a manager of the property wherein the violation occurs.
(D) 
When an existing system malfunctions, as defined in Section 18-4-5, the correction of which would require a permit from the Health Department and a sanitary sewer is reasonably available, connection to the sewer is mandatory. A sanitary sewer is considered reasonably available if it is located within three hundred (300) feet of a residential building, or within one thousand (1,000) feet of a commercial building. Operation of any private sewage disposal system shall be discontinued at that time.
(E) 
Under no circumstance shall any person maintain or operate a private sewage disposal system in such a manner that the Health Department, in its discretion, determines it to be an ongoing public nuisance or hazard to the public health or safety. Repeated pumping of a septic tank, which is defined as pumping more than once in a sixty (60) day time frame, to prevent such public nuisance or hazard is not an acceptable long term or ongoing remedy to a malfunctioning system.
The use of a private sewage disposal system to serve more than one (1) 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. Any private sewage disposal system must be located on the same property as the building it serves.
Nothing in these regulations shall prevent the construction of sewage treatment plants in accordance with approved plans, discharging treatment effluent to an approved outlet, and operated in such a manner that there is no menace to the public health, or unlawful pollution of waters of the State.
It shall be the responsibility of the property owner to obtain a Private Sewage Disposal System Permit before any construction is begun on the system. Failure of the property owner to obtain said permit before construction is begun shall constitute a violation of this Code and corrective action may be taken.
It shall be the responsibility of the Illinois Licensed Private Sewage Disposal System Contractor to ensure that a Private Sewage Disposal System Permit has been issued and to follow the conditions of the permit. Failure of the Illinois Licensed Private Sewage Disposal System Contractor to ensure the permit has been issued or to violate the conditions of said permit shall constitute a violation of the Code, and penalty action may be taken.
All applications for permits granted under the provisions of this Code shall be made to the Board of Health or its duly authorized representative. Sufficient data shall be included to allow review and to determine whether the proposed application for permit meets the requirements of this Code.
Permit application forms provided by the Health Department shall be completed and signed by each applicant and shall include the following:
(A) 
Name and address of the applicant and location of the proposed site of construction, alteration, or extension as proposed;
(B) 
Complete plan of the proposed disposal facility, with substantiating data, if necessary, attesting to its compliance with the minimum standards of this Code; and
(C) 
Such other information as may be required by the Health Department to substantiate that the proposed construction, alteration, or extension complies with minimum standards of this Code.
The Health Officer may refuse to grant a permit for the construction of a private sewage disposal system where a sanitary sewerage system is available. A sewer shall be deemed available when a sanitary sewer line is in place within any street, alley, right-of-way, or easement that adjoins or abuts the premises for which the permit is requested, or when the improvement to be served is located within a reasonable distance of a public sewer to which a connection is practical and is permitted by the controlling authority for the sewer. A reasonable distance for the purpose of this provision shall be deemed to be not greater than three hundred (300) feet for a single-family residence and not greater than one thousand (1,000) feet for a commercial establishment or multi-family dwelling.
The permit to construct is valid for a period of twelve (12) months from date of issuance. If construction has not started within this period, the permit is void unless a renewal has been requested and granted.
No building, structure, area, or premise shall be constructed or maintained for human occupancy, use or assembly, without adequate facilities for the sanitary and safe disposal of all human excreta, together with all liquid and solid wastes that could hazard the public health or create objectionable nuisance conditions.
A contractor’s registration shall be required by all private sewage disposal system installation contractors and all private sewage disposal pumping contractors operating within limits of Monroe County. Individuals who are licensed by the State of Illinois shall provide a copy of their state license to the Monroe County Health Department annually.
All private sewage disposal systems within the limits of Monroe County shall be installed, modified or serviced by an individual with a valid private sewage disposal system installation contractor’s certificate, and all such systems shall be pumped, cleaned, and the contents disposed of by individuals with a valid private sewage disposal system pumping contractor’s certificate; provided, however, that a homeowner may install and/or service a private sewage disposal system which serves his own personal single-family residence.
The minimum performance standards for private sewage disposal system installation contractors and for a homeowner who installs a private sewage disposal system for his personal residence shall be the same as the minimum performance standards promulgated under authority granted in the current Illinois Private Sewage Disposal Licensing Act and Code, except that chamber systems will not be allowed a reduction in size. (225 ILCS 225/1 et seq.)
Where a subsurface seepage field is installed as a component of a private sewage disposal system, the seepage areas provided shall be minimum of two hundred (200) square feet of seepage area, and, unless serial trenches are used, a minimum of two (2) individual seepage lines are required.
Private sewage disposal systems constructed prior to the effective date of this Code shall comply with any provisions of this Code when deemed necessary by the Health Officer. It may not be deemed necessary if the private sewage disposal system meets the requirements of the prior ordinance and is not a health hazard.
It shall be the duty of the owner or occupant of a property to give the Health Officer free access to the property for the purpose of making such inspections as are necessary to determine compliance with the requirements of this Code.
The owner or contractor shall give reasonable (minimum twenty-four (24) hours) advance notice to the Health Department before installation of any component of a private sewage disposal system. A private sewage disposal system which has been installed shall not be covered or placed in operation until the said installation shall have been inspected and written approval of the said system shall have been issued by the Health Department.
The Authorized Representative may make inspections during the course of the construction of any private sewage disposal system, to ensure compliance with this Code.
If any homeowner or contractor who installs a private sewage disposal system shall backfill any portion of the system and/or cover the same which will prevent the same from being readily viewed to determine if the system meets all requirements of the Code before receipt of written approval by the Health Officer, the Health Officer may give fifteen (15) days’ notice, in writing, to such homeowner or contractor so violating the provisions of the Code to uncover such backfilled or covered portions of the system.
If, at the end of such fifteen (15) days, the homeowner or contractor shall not have uncovered the individual sewage disposal system, the permit is automatically invalidated and penalty action may be taken. The Health Officer may elect to have the system uncovered at the expense of the homeowner or contractor. Failure of the homeowner or contractor to pay such costs within thirty (30) days shall result in execution of a lien against the property.
For serious or repeated violation of any of the requirements of this Code, or for interference with the Health Officer in the performance of his duties, the private sewage disposal contractor’s Registration Certificate may be revoked after an opportunity for a hearing has been provided by the Health Officer. Prior to such action, the Health Officer shall notify the contractor, in writing, stating the reasons for which the Registration Certificate is subject to revocation and advising that the certificate shall be revoked at the end of five (5) days following service of such notice, unless a request for a hearing is filed with the Health Officer, by the holder, within such five (5) day period. A Registration Certificate may be suspended for a cause pending its revocation or a hearing relative thereto.
Subsurface seepage systems receiving septic tank effluent shall have at least two (2) feet of vertical separation distance between the bottom of the subsurface seepage system and the top of the limiting layer. For soils in Design Group I-VI or with a loading rate of greater than 0.62 gallons per day per square foot a vertical separation of three (3) feet between the bottom of the subsurface seepage system and the top of the limiting layer is required.
The guidelines in the USDA Soil Survey of Monroe County will be followed. Subsurface seepage fields will not be permitted unless the absorption capacity and treatment capabilities of the soil shall be determined by as follows:
(A) 
Soil investigations. Soil investigations shall be conducted as follows:
(1) 
Determination of soil characteristics on sites proposed for development with private sewage disposal systems shall be based on soil boring data collected by a soil classifier.
(2) 
There shall be a minimum of three (3) borings per soil absorption system site. The soil borings shall be at least fifty (50) feet apart, and the proposed subsurface seepage system shall be within the area where the soil borings were located. More soil borings may be necessary for accurate and appropriate evaluation of a site where there is some concern about the consistency of the soil materials or underlying geology. One of the borings shall be made at the lowest elevation of the proposed absorption field area. Borings shall extend a minimum of sixty (60) inches below the natural ground surface.
(3) 
Observation and determination of soil characteristics may be also determined from a pit dug by a backhoe or other excavating equipment. The Department or local health authority may require soil pits (backhoe excavations) in cases where ground is frozen, where the soil materials are considerably varied in texture, where there has been previous or current fill material, cutting of soils, or where gravelly soils are encountered. Such soil pits shall be prepared at the perimeter of the expected soil absorption area to minimize damage to natural soil structure. Soil pits shall extend a minimum of sixty (60) inches below the natural ground surface.
(4) 
Site characteristics to be described include zones of seasonal and permanent water saturation, USDA soil texture changes, USDA soil structural features, slope, compaction and depth, soil coloration, depth of limiting layer, depth of soil mottling (depth to low chroma equal to or less than 2 and a value of 4 or more - Munsell Color System), internal drainage classification, and permeability range, and other limiting soil characteristics that may reduce permeability.
(5) 
When using soil suitability, private sewage disposal systems shall be sized based on Soils Suitability Index for On-Site Sewage Design shown in Appendix A. (Appendix A is included as an attachment to this Chapter.)
(B) 
Only those persons who meet the definition of soil classifier are qualified to conduct soil investigations.
(C) 
If conflicting soils investigation information is provided about a given site, an NRCS soil scientist may be requested to provide professional assistance.
No private sewage disposal system shall be installed on property having insufficient replacement area to support a private sewage disposal system equal to the size and type of the original system. This replacement area shall be a separate area and shall not include the area between the trenches of a subsurface seepage system. This replacement area is intended for use only in the event of system failure. It is not intended to compensate for a building addition or change in use which results in increased flow of domestic waste. In all cases where commercial or industrial properties are proposed for development, there shall be room for a full-size replacement system. This replacement area shall be kept free of development, traffic or soil modification on all properties. This provision shall apply in all cases except where the subsurface seepage system is preceded by an aerobic treatment plan which complies with the requirements of IDPH Private Sewage Disposal Code.
(A) 
No private sewage disposal systems or components will be permitted within the Lower Elevation Segments of Sinkholes.
(B) 
Surface discharging private sewage disposal systems will not be permitted in areas where the drainage is directed towards sinkholes.
(C) 
Subsurface seepage fields will not be permitted within seventy-five (75) feet of the point where the slope of a sinkhole side exceeds five percent (5%).
(D) 
Proven zero effluent discharge systems and components will be permitted within the Upper Elevation Segments of Sinkholes.
(A) 
Surface discharging private sewage disposal systems must be installed in accordance with the Illinois Department of Public Health Private Sewage Disposal Code.
(B) 
Surface discharging private sewage disposal systems will not be permitted in areas where the drainage id directed towards sinkholes.
(C) 
A system that discharges to Waters of the United States will be required to obtain a NPDES permit prior to the issuance of a private sewage disposal permit from the Monroe County Health Department.
(D) 
The minimum distance allowed from any property line or road right-of-way for the end of the discharge line of any private sewage system discharging to the surface of the ground shall be thirty (30) feet.
(A) 
Property owners shall maintain the aeration unit in accordance with the manufacturer specifications and maintain all records on the system for five (5) years.
(B) 
Property owners shall be required to obtain and maintain at all times a continuing service policy with the manufacturer of the aeration unit, or a licensed installation contractor; or
(C) 
System effluent testing.
(1) 
In lieu of a continuing service policy, the property owner shall have an independent certified laboratory test the system effluent every six (6) months for the following:
(a) 
BOD5.
(b) 
Suspended Solids.
(c) 
Color.
(d) 
Threshold Odor.
(e) 
Oily Film.
(f) 
Foam.
(g) 
Chlorine Residual (if applicable).
(h) 
Fecal Coliform Count.
(2) 
The effluent shall be in compliance with Code specifications.
(D) 
Copies of the service contracts and copies of all test results shall be submitted to the Health Department annually.
(E) 
Discharges entering waters of the United States will be required to have an NPDES permit with IEPA prior to installation.
In accordance with the provisions of the Chapter, the Department has the following powers and duties:
(A) 
To make such inspections as are necessary to determine satisfactory compliance with the Private Sewage Disposal Code;
(B) 
To cause investigations to be made when a violation of any provision of this Chapter is observed by or reported to the Health Department;
(C) 
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 Chapter; and
(D) 
To institute or cause to be instituted legal proceedings in the Circuit Court of Monroe County in cooperation with the State’s Attorney’s Office in cases of noncompliance with the provisions of the Private Sewage Disposal Code.
Whenever the Health Department determines, through inspections or other means, that there is a violation of any provision of the Chapter, the Health Department shall give notice of such alleged violation. Such notice shall:
(A) 
Be in writing;
(B) 
Include a statement of the reasons for the issuance of the notice;
(C) 
Contain an outline of remedial action and allow a reasonable time to effect compliance with this Chapter; and
(D) 
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 registered or certified mail.
The Health Department shall have the authority to revoke or suspend permits when they are issued in error, or where the provisions of this Article 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.
If conditions exist at a proposed installation which make impractical or impossible compliance with the requirements of this Chapter, a variance may be requested by submitting to the Monroe County Health Department, a written proposal which is to be used in lieu of compliance with this Chapter. Such written request shall include pertinent data such as soil conditions, water table elevations, drainage patterns and distances to water supplies in order to support the request. The capability of the system to comply with the intent of this Chapter will be the basis for approval or denial of the variances. The Department or local authority will notify the applicant, in writing, of its decision to either grant or deny the variance. A variance shall be requested and approved before construction begins.
The fee to be paid to the Health Department for installation permits shall be set by the Board of Health annually.