Any person who violates any provision of these regulations, which violation constitutes a violation of any rule, regulation, order or determination of the Department of Public Health of the State of Illinois, adopted or made by said Department pursuant to said Act, shall be, upon conviction, fined not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00) per violation. In addition thereto, such persons may be enjoined from continuing such violation. Each day upon which such a violation occurs shall constitute a separate violation.
Code of Ordinances
of Union County, Illinois.
Ordinance Chapter: Chapter 18 - Health Codes [18-1]
All components of a new water well construction and/or modification shall be thoroughly disinfected with a strong solution which will yield a dosage of at least 100 parts per million to the water in the well. After purging the system of any chlorine residual, a water sample shall be taken and satisfactory bacteriological results, as confirmed by a certified laboratory, shall be obtained prior to utilizing the water system for drinking and culinary purposes.
It shall be the duty of every owner of every water well serving a semi-private water system for more than one (1) residence to have the water therein bacteriologically analyzed by a certified laboratory as required by the Health Authority for the protection of public health. Such water shall also be bacteriologically analyzed whenever the water lines are opened up for repair, replacement, or extension of the water distribution system. The water from a semi-private water system shall meet the nitrate, chemical and bacteriological requirements contained in the Drinking Water Systems Code.
The Health Authority shall be notified by telephone or in writing at least forty-eight (48) hours prior to the commencement of any work to construct or deepen a water well for which a permit has been issued, or to seal a water well, boring, or monitoring well. The Health Authority shall be allowed access to any property for the purpose of performing inspection of the water well construction or to inspect the sealing of wells or to investigate abandoned wells.
A water well shall not be placed into operation until the installation of the water well and its components has been inspected to verify compliance with applicable provisions of these regulations and approval issued by the Health Authority. To the degree practical and permitted by the Health Authority, the completed installation shall remain uncovered and/or accessible for inspection purposes until approved by the Health Authority.
It shall be the responsibility of the Water Well Contractor to notify the Health Authority as required.
Upon inspection by the Health Authority, if it is found that any provisions of these regulations or any permit specifications for a stated property have been violated, the Health Authority shall notify the Water Well Contractor to make such specified changes in the work to allow compliance with the provisions of these regulations and the permit. If such changes are not made within a period of time specified by the Health Authority said permit shall be suspended, and it shall be unlawful to place the water well into operation.
No water well shall be constructed or deepened except in accordance with these regulations, and it shall be unlawful to proceed with such work unless a permit has first been obtained from the Health Authority. A non-community public water supply shall not be operated without first obtaining a permit from the Illinois Department of Public Health. The owner shall maintain all wells and pumps in a safe condition.
All application for permits under the provisions of these regulations shall be made in writing and in such form as prescribed by the Health Authority. Sufficient data shall be included to determine whether the proposed application for permit meets the requirements of these regulations.
Upon submission of the application for permit, including the plans and specification of the proposed water well or component thereof, the Health Authority shall review said application prior to issuance of a permit. The Health Authority may require additional information, which may include the location of the private sewage disposal system(s) and/or water well(s) on adjacent properties. It shall be the responsibility of the applicant or an authorized agent of the applicant to obtain all necessary data and to design a system that shall meet the requirements of these regulations. If the Health Authority, upon review of said application, finds that such application meets the requirements of these regulations, and upon payment of the required fee, a permit shall be issued to the applicant. Such permit shall include specifications specific to each proposed water well and shall include a statement as to any restrictions relating to the location, materials, components, or type of water well to be constructed.
It shall be the responsibility of the property owner to obtain a permit before any construction or deepening of a water well is begun. Failure of the property owner to obtain said permit shall constitute a violation of these regulations.
It shall be the responsibility of the water well contractor to insure that a permit has been issued before any construction or deepening of a water well is begun and to follow the conditions of said permit. Failure of the water well contractor to insure said permit has been issued or to violate the conditions of said permit shall constitute a violation of these regulations. All water well shall be constructed in accordance with the Illinois Water Well Construction Code. All individuals who construct water wells and install pumps shall be licensed by the Illinois Department of Public Health in accordance with the Water Well and Pump Installation Contractor’s License Act (225 ILCS 345/1).
A permit to construct or deepen a water well is valid for a period of twelve (12) months from the date of issuance. If construction has not started within this period, the permit is void. The permit may be reinstated at the discretion of the Health Department Administrator if the applicant provides sufficient grounds.
A permit to construct or deepen a water well shall not be required by the Health Authority when such well does or will serve a community public water system or function as a monitoring well.
Wells that are abandoned shall be sealed in a manner prescribed by the Health Authority and the “Illinois Water Well Construction Code”. The Health Authority shall inspect abandoned wells which have been sealed to determine compliance with these regulations. In questionable cases, the Health Authority shall make the determination as to whether a water well is considered abandoned, based upon the definition of an “abandoned well” and the facts in each particular case.
All premises intended for human habitation or occupancy shall be provided with a potable water supply. The potable water supply shall not be connected to non-potable water and shall be protected against backflow and backsiphonage in accordance with the requirements of the “Illinois Plumbing Code”. Each potable water supply shall provide quantities of water that are sufficient for the drinking, culinary and sanitary needs of the dwelling or premises served. A minimum system pressure of twenty (20) pounds per square inch shall be maintained throughout each potable water supply.
All water systems which receive their source of water from ponds, lakes, streams, rivers or other surface collectors of water shall be designed, constructed, and operated in accordance with the “Surface Water Treatment Code”. No surface water shall be utilized as a potable water supply unless the Health Authority has review and approved the supply and its components.
Cisterns are not a Department of Public Health recognized source of potable water for private use. Therefore, individuals may install cisterns without approval from the Southern Seven Health Department. The Health Authority is not allowed to test any water sample from a private use cistern. Cisterns shall not be used as a potable water supply for uses other than private applications.
The use of cisterns to serve the public (restaurants, retail stores, campgrounds, etc.) is prohibited, except where adequate groundwater resources are not available. Cistern water shall receive treatment in accordance with the “Surface Water Treatment Code”. No cistern water shall be utilized as a public potable water supply unless the Health Authority has reviewed and approved the supply and its components.
In those locations where a public water supply is reasonably available, the supply shall be the sole source of water for drinking and culinary purposes. A public water supply shall be deemed reasonably available when the subject property is located within two hundred (200) feet of the public water supply to which connection is practical and is permitted by the controlling authority for said water supply.
In addition to those provisions set forth, these regulations shall be interpreted and enforced in accordance with the provisions set forth in the following statutes, rules, and regulations of the State of Illinois, Department of Public Health and any subsequent amendments or revisions thereto, which publications are incorporated herein and adopted by reference as part of these regulations.
(A) Illinois Water Well Construction Code – 77 IL Adm. Code 920
(B) Illinois Water Well Pump Installation Code – 77 IL Adm. Code 925
(C) Public Area Sanitary Practice Code – 77 IL Adm. Code 895
(D) Drinking Water Systems Code – 77 IL Adm. Code 900
(E) Surface Water Treatment Code – 77 IL Adm. Code 930
(F) Illinois Plumbing Code – 77 IL Adm. Code 890
“Abandoned Well” means a water or monitoring well which is no longer used to supply water, or which is in such a state of disrepair that the well or boring has the potential for transmitting contamination into an aquifer or otherwise threatens the public health or safety.
“Certified Laboratory” means a laboratory operated by the Illinois Department of Public Health or a laboratory given certification approval by the aforementioned agency for analyzing samples of water for potable use.
“Community Public Water” means a public water system which serves at least fifteen (15) service connections used by residents, or regularly serves twenty-five (25) or more residents for at least sixty (60) days per year.
“Health Authority” means that person or persons designated by the Southern Seven Board of Health to enforce these regulations.
“Health Department” means the Southern Seven Health Department, including its duly authorized representatives.
“Health Department Administrator” means the individual selected by the Southern Seven Board of Health to administer and enforce the policies, regulations, and resolutions of said Board.
“Non-Community Public Water System” means a public water system, which is not a community water system, and has at least fifteen (15) service connections used by nonresidents, or regularly serves twenty-five (25) or more nonresident individuals daily for at least sixty (60) days per year.
“Potable Water” means water that is suitable for human consumption and which meets public health standards for drinking water.
“Public Water System” means a system, either non-community or community, that may include any treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system and any collection of pretreatment storage facilities not under such control which are used primarily in connection with such systems.
“Private Water System” means any supply which provides water for drinking culinary, and sanitary purposes and serves an owner-occupied single family dwelling.
“Semi-Private Water System” means a water supply that is not a public water system, yet serves a segment of the public other than an owner-occupied single family dwelling.
“Water Well” means an excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use is for the location, diversion, artificial recharge or acquisition of groundwater. This does not include petroleum-monitoring wells.
(A) Any person who violates any provision of this Code may be fined a sum of not less than Two Hundred Dollars ($200.00) and not more than One Thousand Dollars ($1,000.00). Each day’s violation constitutes a separate offense.
(B) The State’s Attorney shall bring such actions in the name of the people of the State of Illinois or may bring an action for injunctive relief to restrain such violation. Additionally, any person who violates any provision of this Code may be penalized in accordance with the State of Illinois, Department of Public Health, “Private Sewage Disposal Licensing Act”, Section 19 (225 ILCS 225/19) and the “Private Sewage Disposal Licensing Code”, Section 905.205 (77 ILAC 905.205).
(Generally in part 1996)
(A) Hearings Before the Health Administrator. Any Private Sewage Installation and/or Pumping Contractor or person affected by any order or notice issued by the Health Department in connection with the enforcement of any section of these regulations, may file in the office of the Health Department a written request for a hearing before the Administrator. The Administrator shall hold a hearing at a time and place designated by him/her within thirty (30) days from the date on which the hearing is to be held. If, as a result of the hearing, the Administrator finds that strict compliance with the order or notice would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the Administrator may modify or withdraw the order or notice and as a condition for such action may, where he/she deems it necessary, make requirements which are additional to those prescribed in these regulations for the purpose of properly protecting the public health. The Administrator shall render a decision within ten (10) days after the date of the hearing which shall be reduced to writing and placed on file in the office of the Health Department as a matter of public record. Any person aggrieved by the decision of the Administrator may seek relief therefrom through a hearing before the Board of Health.
(B) Hearing Before the Board of Health. Any Private Sewage Installation and/or Pumping Contractor or person affected by the decision of the Administrator rendered as the result of a hearing held in accordance with this Section may file in the office of the Health Department a written request for a hearing before the Board of Health at a time and place designated by the secretary of the Board of Health within thirty (30) days of the date on which the written request was filed. For the purpose of this Section the Board of Health shall mean a simple majority of the Southern Seven Board of Health. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held. If, as a result of facts elicited as a result of the hearing, the Board of Health finds that strict compliance with the decision of the Administrator would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by granting a variance from the decision of the Administrator or Acting Administrator, the Board of Health may grant a variance and as a condition for such variance, may, where it deems necessary, make requirements which are additional to those prescribed by these regulations, all for the purpose of
properly protecting the public health. The Board of Health shall render decision within ten (10) days after the date of the hearing which shall be reduced to writing and placed on file in the office of the Health Department and a copy thereof shall be served on the petitioner personally or by delivery to the petitioner by certified mail.
(A) Whenever the Health Department determines that a violation of any provision of these regulations has occurred, the Health Department shall give notice to the person responsible for such violation. The notice shall:
- be in writing;
- include a statement of the reasons for issuance of the notice;
- allow reasonable time as determined by the Health Department for performance of any act it requires;
- be served upon the person responsible for the violation(s); provided that such notice shall have been properly served upon the person responsible for the violations when a copy thereof has been sent by registered or certified mail to his last known address as furnished to the Health Department
or when he has been served with such notice by any other method authorized by laws of the State of Illinois, and, - contain an outline of remedial action which is required to effect compliance with these regulations.
(B) It shall not be a prerequisite to enforcement of the penalty provisions of these regulations that the Health Department first resort to the notice procedure set forth in Section 18–2‑8(A).
(A) Private sewage disposal systems constructed prior to the effective date of these regulations shall comply with any provision of these regulations deemed necessary by the Health Department.
(B) The Board of Health is, hereby, authorized and directed to make sure inspections as are necessary to determine satisfactory compliance with these regulations.
(C) It shall be the duty of the owner or occupant of a property to give the Board of Health free access to the property at reasonable times for the purpose of making such inspections as are necessary to determine compliance with the requirements of these regulations.
(D) A private sewage disposal system which has been installed by a home owner for his own personal single family residence; or by a contractor, occupant, agent, servant or representative of any such person shall not be covered or placed in operation unless specifically authorized by the Health Department until the said installation shall have been inspected and written approval of the said system shall have been issued by the Health Department.
(E) The Authorized Representative may make inspections during the course of the construction of any private sewage disposal system to insure compliance with these regulations.
- The home owner, private sewage disposal system contractor, occupant, agent, servant, or representative of any such person who is responsible for the installation, construction, alternation or extension of any private sewage disposal system shall notify the Health Department no later than forty-eight (48) hours before the date the actual installation, construction, alteration, or extension work is scheduled to begin.
(F) If any home owner who installs his own private sewage disposal system, or any contractor, occupant, agent, servant or representative of such person, shall backfill any portion of the said system or cover the same with earth, cinders, gravel, shale, or any other material which will prevent the same from being readily viewed to determine if the said system meets all requirements of these regulations before receipt of written approval by the Health Department, the Health Department may give fifteen (15) days notice in writing to such home owner so violating the provisions of these regulations, to uncover such backfilled or covered portions of the said system.
(G) If, at the end of such fifteen (15) days, the homeowner, or contractor, occupant, agent, servant or representative of any such person, shall not have uncovered the private sewage disposal system, the permit is automatically invalidated and penalty action may be taken. The Health Department may elect to have the system uncovered at the expense of the homeowner. Failure of the homeowner to pay such costs within thirty (30) days shall result in execution of a lien against the property.
In addition to those provisions set forth in Section 18–2‑1 through 18–2‑12, these regulations hereby adopt, by reference, the provisions set forth in the following:
77 Ill. Adm. Code 905 – “Private Sewage Disposal Licensing Act and Code”
77 Ill. Adm. Code 895 – “Public Area Sanitary Practice Code”
765 ILCS 205 – “Plat Act”
Union County Subdivision Code
One (1) copy of each shall be on file in the Office of the Union County Clerk.
(A) Where a subsurface seepage field is installed as a component part of a private sewage disposal system, the seepage area provided shall be in accordance
with the Private Sewage Disposal Licensing Act and Code. A minimum of three hundred (300) square feet of seepage area shall be provided.
(B) An effluent reduction system, equal to one hundred (100) square feet of absorption area per bedroom, shall be installed after a surface discharging unit (excepting lagoons and sandfilters) if the effluent from the system:
- will be discharged in a high density residential area and, the effluent discharge point is within fifty (50) feet of the property line or building setback line, or ten (10) feet of the right-of-way, whichever provides for the greatest distance, and/or
- the discharge is to a body of water (state, county or township roadside ditch, waterway, creek, lake). This shall not apply to a discharge to a pond or lake that is privately owned by the person whom the system is serving.
(A) All private sewage disposal systems within the limits of Union County shall be installed or serviced by persons licensed in accordance with Section 18–2‑3(A), provided, however, that a home owner may install or service a private sewage disposal system which serves his own personal single family residence.
(B) When determining the absorption capacity of a subsurface seepage system, only a Soil Investigation in accordance with 77IllinoisAdministrative Code, Chapter 1 Subchapter r, Section 905.55(a) shall be accepted. Percolation tests will no longer be acceptable for this purpose.
(C) The minimum performance standards for Private Sewage Disposal Installation Contractors and Pumping Contractors, and any home owner who is maintaining a disposal system for his personal single family residence, who constructs, installs, maintains, services, cleans, hauls or disposes of the wastes removed therefrom, shall be the same as the minimum performance standards promulgated under the authority granted in the current Illinois Private Sewage Disposal Licensing Act and Code.
(D) Every private sewage disposal system shall be maintained in proper sanitary condition and repair by the owner. It shall be unlawful for any owner, agent, occupant, or person in control of any lot, building or private sewage disposal system, to permit or cause the discharge of domestic sewage or the effluent from ditch, ground surface or abandoned well, or to allow the contents of any privy, vault, septic tank or private sewage disposal system or components thereof to emit offensive odors, or become objectionable so as to be a danger or threat to public health. All such acts or emissions are hereby declared nuisances. Upon verification of such nuisance the Health Department shall give written notice to the property owner responsible for such acts or emissions ordering abatement of the same within a reasonable period of time. Failure of any person to obey such an abatement order shall constitute a violation of these regulations.
(E) Any person receiving an abatement order may request a hearing before the Administrator as outlined in Section 18–2‑9 of these regulations.
(F) The Board of Health shall have the authority to enter any property at any reasonable time and inspect any facility for health and sanitary purposes and for the compliance with the provisions of these regulations. The Board of Health may also make any necessary tests including dye tests or obtaining effluent samples for laboratory analysis, on any facility to determine compliance with the provisions of these regulations.
(G) Any structural change or repair made to an existing private sewage disposal system must comply with the provisions of these regulations.
(A) Only those individuals possessing a valid Illinois Department of Public Health Private Sewage Disposal System Installation Contractor’s License in addition to a Southern Seven Private Sewage Installer’s License shall construct, install, repair, modify or maintain a private sewage disposal system. Any homeowner, who chooses to construct, install, repair, modify or maintain the system serving his own personal single-family residence, is exempt from this registration.
(B) Only those individuals possessing a valid Illinois Department of Public Health Private Sewage Disposal System Installation Contractor’s License in addition to a Southern Seven Private Sewage Pumper’s License shall clean, pump, haul or dispose of wastes from a private sewage disposal system. Any homeowner, who chooses to clean, pump, haul or dispose of wastes from the system serving his own personal single-family residence, is exempt from this registration.
(A) It shall be unlawful for any person to construct, alter or extend a private sewage disposal system within Union County unless he holds a valid permit issued by the Health Department.
(B) A permit shall only be issued to a private disposal system contractor who holds a valid Private Sewage Installation Contractor’s Registration Certificate in addition to a Southern Seven Private Sewage Installer’s License or a
homeowner installing a private sewage disposal system to serve his own personal single-family residence.
All applications for permits granted under the provisions of these regulations shall be made to the Board of Health. Sufficient data shall be included to allow review and to determine whether the proposal application for permit meets the requirements of these regulations.
(C) Permit application forms provided by the Health Department shall be completed and signed by each applicant and shall include the following:
- Name, address and telephone number of the applicant, the signature of the private sewage disposal system contractor when applicable and the location of the proposed site of construction, alteration, or extension.
- Complete a plan of the proposed disposal facility, with substantiating data, attesting to its compliance with the minimum standards of these regulations.
- Such other information as may be required by the Health Authority to substantiate that the proposed construction, alteration, or extension complies with minimum standards of these regulations.
(D) The Board of Health may refuse to grant a permit for the construction of a private sewage disposal system where public or community sewage systems are available. A sewer shall be deemed available when a public 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 the 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.
(E) The Board of Health shall act upon all applications within fifteen (15) daysof receipt thereof.
(F) The Southern Seven Board of Health shall set fees charged for the issuance of a permit authorizing the construction, alternation or extension of any private sewage disposal system. The fee shall be collected by the Health Department at the time an application for permit is submitted, and shall be deposited into the Health Department fund. If a permit is denied, the fee shall be returned to the applicant. In addition, other fees shall apply for specific services rendered. A fee waived permit may be issued to non-profit organizations or other government entities.
(G) All permits to construct, alter, or extend a private sewage disposal system shall be valid for a period of one (1) year from date of issuance. If construction is not completed within this period, the permit is void. The Administrator may, however, after receipt of a written request, authorize an extension of time beyond the one (1) year period for reasons of unusual or extenuating circumstances.
(H) The minimum lot size for a home requiring a private sewage disposal system shall be one (1) acre (43,562 ft2), excluding easements. Lots plotted and on record before the effective date of these regulations that are smaller than required will be given special consideration when applying for a permit.
(I) The Health Department, in order to protect the health and safety of the people of Union County and of the general public, is authorized and directed to promulgate rules and regulations establishing minimum standards governing the design, construction, installation, and operation of private sewage disposal systems. Such regulations shall establish such minimum standards as, in the judgment of the Health Department will insure that the wastes discharged to the various private sewage disposal systems:
- Do not contaminate any drinking water supply.
- Are not accessible to insects, rodents, or other possible carriers of disease.
- Do not pollute or contaminate the waters of any bathing beach, lake, river, creek, pond, stream or other body of water.
- Do not give rise to a nuisance due to odor or unsightly appearance.
- Are not a health hazard by being readily accessible to children or animals because of a lack of adequate fencing or for other reasons.
- Will not violate any other laws or regulations governing control of water pollution or sewage disposal.
The Health Department is authorized to promulgate such additional regulations as are necessary in its judgment to carry out the provisions of these regulations.
DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of these regulations:
“Administrator” shall mean the person who has been designated by the Board of Health to administer the affairs of the health department.
“Applicant” shall mean any person who has properly and completely filled out an application for permit form requesting authorization to construct, alter, or extend a private sewage disposal system in Union County, Illinois.
“Authorized Representative” shall mean the legally designated Administrator or the Acting Administrator of the Southern Seven Health Department and shall include those persons designated by the Administrator or Acting Administrator to enforce the provisions of these regulations.
“Board of Health” shall mean the Southern Seven Board of Health or its Authorized Representative(s).
“BOD5” shall mean the five day Biochemical Oxidation Demand—A standard test used in assessing the strength of Domestic Sewage as described in “Standard Methods for the Examination of Water and Wastewater,” 14th edition, American Public Health Association, American Water Works Association, American Water Pollution Control Federation, Washington, D.C., 1975.
“Domestic Sewage” means wastewater derived principally from dwellings, business or office buildings, institutions, food-service establishments, chemical toilets, and similar facilities.
“Effluent Reduction System” shall mean any combination of approved pipe and gravel, gravel-less pipe, or chamber systems that are installed to reduce the amount of effluent being discharged from a surface discharging system.
“Health Department” shall mean the Southern Seven Health Department, an agency of the Union County Board.
“Home Owner” means a person who holds legal title to a residential structure which is to be used or is used for his personal single-family residence. This definition shall be inclusive of all leasehold interests, property held under contract for deed, and rental property.
“Home Owner Installed System” means a private sewage disposal system installed by a home owner for his personal single family residence, leasehold interests, property held under contract for deed, and rental property.
“Human Waste” means undigested food and by-products of metabolism which are passed out of the human body.
“Person” means any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, the State ofIllinois or any Department thereof, or any other entity.
“Personal Single Family Residence” means any single-family dwelling unit which is to be used or is being used by a home owner/applicant as his or her principle residence.
“Permit” shall mean a written permit issued by the Board of Health or its Authorized Representative permitting the construction, alteration or extension of a private sewage disposal system in accordance with the provisions of these regulations.
“Population Equivalent” means an average waste loading, equivalent to that amount of waste produced by one person which is defined as one hundred (100) gallons per day or that amount of waste containing 0.17 pounds BOD5.
“Primary Sewage Treatment Device” means any component part of a private sewage disposal system that results in the removal of a substantial amount of the organic and inorganic settleable solids through the physical process of sedimentation only. A septic tank, primary sedimentation tank, settling chamber, or any similar treatment process or device shall for the purposes of this definition be deemed a primary sewage treatment device.
“Private Sewage Disposal System” means 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.
“Private Sewage Disposal System Installation Contractor” means any person constructing, installing, repairing, modifying, or maintaining private sewage disposal systems.
“Private Sewage Disposal System Pumping Contractor” means any person who cleans or pumps wastes from a private sewage disposal system or hauls or disposes of wastes removed therefrom.
“Private Sewage Disposal System License” shall mean an annual license issued by the Illinois Department of Public Health to all private sewage disposal system installers and pumpers engaged in the installation or servicing of private sewage disposal systems within the State ofIllinois.
“Property” means all or part of a tract of land for which legal title has been recorded.
“Property Owner” means the person in whose name legal title to the real estate is recorded.
“Waste” means either human waste or domestic sewage, or both.
“Waste Loading” shall mean the BOD5, content, usually expressed in pounds per person or population equivalent.
Any person who shall violate any of the provisions of this Code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed One Thousand Five Hundred Dollars ($1,500.00) or imprisonment of not to exceed six (6) months, as may be deemed necessary. In addition thereto, such person may be enjoined from continuing such violations. Each day upon which violation occurs shall constitute a separate violation.
(Ord. No. 10–03–05)
When the Health Authority has reasonable cause to suspect possibility of disease transmission from any food service establishment or retail food store employee, the Health Authority shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take appropriate action. The Health Authority may require any or all of the following measures: (a) the immediate exclusion of the employee from all food service establishments and retail stores; (b) the immediate closure of the establishment concerned until, in the opinion of the Health Authority, no further danger of disease outbreak exists; (c) restriction of the employee’s services to some area of the establishment where there would be no danger of transmitting diseases and (d) adequate medical and laboratory examination of the employee, of other employees, and of their body discharges if necessary.
When a food service establishment or retail food store is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a food service establishment or retail food store, properly prepared plans and specifications of such construction, remodeling or alteration, showing, layout, arrangement, and construction materials of work areas, and the location, size, and type of fixed equipment and facilities shall be submitted to the Health Authority before such work is begun. Fees may be charged by the Board of Health to offset the cost of reviewing plans. Fees are to be set by the Board of Health.
Food from food service establishments outside of the jurisdiction of the Health Authority of the County may be sold within the County, if such food service establishments conform to the provisions of this Code or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the Health Authority may accept reports from responsible authorities in other jurisdictions where such food service establishments are located.
Food may be examined or sampled by the Health Authority as often as may be necessary to determine freedom from adulteration or misbranding. The Health Authority may upon written notice to the owner or person in charge, place a hold order on any food which he determines, or has probable cause to believe to be unwholesome, or otherwise, adulterated, or misbranded. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order notice or tag placed on food by the Health Authority, and neither such food nor the containers thereof shall be labeled, repacked, reprocessed, altered, disposed of, or destroyed, without permission of the Health Authority, except on order by a court of competent jurisdiction. After the owner or person in charge has had a hearing as provided for in Section 18–1‑13, and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received, within ten (10) days, the Health Authority may vacate the hold order, or may be written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or bring it into compliance with provisions of this Code; provided that such order of the Health Authority to denature or destroy such food or bring it into compliance with the provisions of this Code shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.
Inspections of Food Service and Retail Food Establishments will be performed at intervals required under their classification as either
“Category I”, “Category II”, and “Category III” as determined by the Health Authority. Additional follow up inspections (rechecks) and complaint investigations will be performed as often as necessary for the proper administration of the Illinois Food Laws.
(A) Access to Establishment. The Health Authority, after proper identification shall be permitted to enter, at any reasonable time, any food service establishment or retail food store within the County for the purpose of making inspections to determine compliance with this Code. They shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used and persons employed.
(B) Procedures for Reporting Inspection Findings. Whenever an inspection of a retail food establishment is made, the findings will be recorded on the appropriate food inspection form. This inspection report form will summarize the requirements of the Illinois Food Service Sanitation Code and will set forth a weighted point value for each requirement.
Inspection remarks shall be written to reference, by rule number, the section violated and will state the correction to be made. The rating score of the weighted point values of all violations subtracted from 100. A copy of the completed inspection report form will be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document and will be made available for public disclosure to any person who requests it.
A copy of the most recent Inspection Report of the establishment shall be displayed in a prominent location within the establishment, in such a manner as it may be easily observed by the consuming public. Failure to display the previous Inspection Report shall be a 5 point weighted item on the inspection.
(C) Correction of Violations. The completed inspection report form will specify a reasonable period of time for the correction of the violations found. The correction of the violations will be accomplished within the period specified in accordance with the following provisions:
- If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup in the establishment, the establishment shall be required to cease operations until the violation has been abated.
- All violations of a 4 or 5 point weighted item shall be corrected as soon as possible. Follow-up (Recheck) inspections will be conducted to confirm correction.
- All 1 and 2 point weighted items shall be corrected as soon as possible.
- When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identifiable violations within forty-eight (48) hours. One or more re-inspections (rechecks) will be conducted at reasonable time intervals to determine if correction action has been made.
(D) Service of Notices. Notices provided for under this Section shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address or the permit holder. A copy of such notice shall be filed with the records of the Health Authority.
Permits not applied or paid for after sixty (60) days due will be charged one and one-half (1.5) times the original permit fee after the sixty (60) day time period, a late fee of two (2) times the original fee is to be charged for applications over ninety (90) days due.
The following fees shall be required for food service establishments, mobile food units, seasonal food service establishments, and retail food stores. The annual license fee for food service establishments shall be determined by “seating capacity” and “category rating”. Mobile food units and seasonal food service establishments will pay an annual fee. Retail food stores fees shall be based by “square footage”. The following fee schedule shall apply:
(A) Food Service and Seasonal Food Service Units.
Fees Effective January 1, 2010
Seating Capacity Category III Est. Category II Est. Category I Est.
0 to 50 Seats $65.00 $75.00 $85.00
50 to 75 Seats $105.00 $115.00 $125.00
Over 75 Seats $135.00 $145.00 $155.00
Without Seating $105.00 $115.00 $125.00
(B) Retail Food Establishment.
Establishment Sq. Footage Effective January 1, 2010
1 to 4,999 Sq. Ft. $80.00
5,000 to 15,000 Sq. Ft. $120.00
Over 15,000 Sq. Ft. $155.00
(C) Mobile Food Units.
Effective January 1, 2006
Units serving non-potentially hazardous foods $35.00
Units serving potentially hazardous foods $60.00
(D) Seasonal Food Service.
Effective January 1, 2006
Non-profit organizations No Charge
Profit organizations $40.00
(E) Temporary Food Service. The Board of Health may charge a fee for temporary food service operations, the fee to be set by the Board of Health.
(F) Follow-Up Inspection (Recheck) Fees. Follow-up inspections (recheck) fees may be charged when a follow-up inspection (recheck) is required for critical violations that cannot be corrected at time of the original inspection. A progressive charge is to be made for failure to correct the violation and requiring additional inspections. The fees are as follows:
Charge for first follow-up inspection (recheck) $25.00
Charge for second follow-up inspection (recheck) $50.00
Charge for third follow-up inspection (recheck) $75.00
Follow-up inspection (recheck) fees are to be paid at time of inspection. If not a bill is to be sent and if not paid, added to annual permit fee. The annual permit is not to be issued until all fees are paid.
Any person aggrieved by the decision of the Health Authority rendered as the result of a hearing held in accordance with this Section may file in the office of the Health Department a written request for a hearing at a time and place designated by the Secretary of the Board of Health within thirty (30) days of the date of which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held. If, as a result of facts elicited as a result of the hearing, the Board of Health finds that strict compliance with the decision of the Health Authority would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by granting a variance from the decision of the Administrator or Acting Administrator, the Board of Health may grant a variance and as
a condition for such variance, may, where it deems necessary, make requirements which are additional to those prescribed by this Code, all for the purpose of properly protecting the public health. The Board of Health shall render a decision within ten (10) days after the date of the hearing which shall be reduced to writing and placed on file in the office of the Health Department and a copy thereof shall be served on the petitioner personally or by delivery to the petitioner personally or by delivery to the petitioner by certified mail.
Any person affected by any order issued by the Health Department in connection with the enforcement of any Section of this Code, may file in the office of the Health Department a written request for a hearing before the Health Authority. The Health Authority shall hold a hearing at a time and place designated by him within thirty (30) days from the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held. If, as a result of the hearing, the Health Authority finds that strict compliance with the order or notice would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the Health Authority may modify or withdraw the order or notice and as a condition for such action may, where they deem it necessary, make requirements which are additional to those prescribed in this Code for the purpose of properly protecting the public health. The Health Authority shall render a decision within ten (10) working days after the date of the hearing which shall be reduced to writing and placed on file in the office of the Health Department as a matter of public record. Any person aggrieved by the decision of the Health Authority may seek relief therefrom through a hearing before the Board of Health.
For serious or repeated violations of any of the requirements of this Code, or for interference with the Health Authority in the performance of their duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Health Authority. Prior to such action, the Health Authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of ten (10) working days following service of such notice, unless a request for a hearing is filed with the Health Authority, by the permit holder, within the ten (10) day period. A permit may be suspended for a cause pending its revocation or a hearing related hereto.
Upon revocation of an establishment’s permit, the Health Authority shall notify the State’s Attorney of the county in which the establishment is located. It shall be the State’s Attorney’s office to enforce closure of the establishment.
Any person whose permit has been suspended may, at any time, make application for reinspection for the purpose of reinstatement of the permit. Within ten (10) working days following receipt of the written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the Health Authority shall make a reinspection. If the applicant is complying with the requirements of this Code, the permit shall be reinstated.
Permits may be suspended temporarily by the Health Authority for failure of the permit holder to comply with the requirements of this Code. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of Division II of this Code, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Health Authority by the permit holder. Upon suspension of the permit all food service activities shall cease and resume only after the permit is reinstated.
Upon the suspension of the permit, the permit shall be removed from the establishment and returned to the Health Department. Notwithstanding the other provisions of this Code, whenever the Health Authority finds unsanitary or other conditions on operation of a food service establishment or retail food store which, in their judgment, constitute a substantial hazard to the public health, they may without warning, notice of hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary such order shall state that the permit is immediately suspended, and all operations as a food service establishment or retail food store are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Health Authority shall be afforded a hearing as soon as possible.
If upon the receipt of an application to renew a permit the Health Authority, after review of the records or inspection of the facility, determines that the facility has failed to correct serious or repeated violations of this Code, the permit will not be issued and the Health Authority shall notify the applicant immediately thereof. Such notice shall state the reasons for not renewing the permit. The applicant will be given a specific time period to correct the violations by the Health Authority. An inspection of the establishment shall be conducted after the given time period. If the violations have been corrected, the Health Authority will then issue the permit. If the violations have not been corrected, the permit will not be issued and a notice for a hearing shall be issued. Such notice shall state that an opportunity for a hearing shall be provided for the applicant upon their written request. The hearing will be held at a time and place designated by the Health Authority. Such hearing shall be scheduled not later than ten (10) working days from the date requested is received. The notice referred to in this paragraph shall be delivered to the applicant in person by the Health Authority or may be sent registered mail, return receipt requested. A permit which has expired shall be removed from the establishment and returned to the Health Authority.
Any person desiring to operate a food service establishment, mobile food unit, seasonal food service establishment, or retail food store or to renew an expired permit shall make written application for a permit on forms provided by the Health Authority. Such application shall include; the applicant’s full name and post office address and whether such applicant is an individual, firm, or corporation, and a partnership, the names of partners, together with their addresses shall be included; the location, risk factor, category, seating capacity of food service establishments, square footage of retail stores, and type of the proposed food service establishment or retail food store; and the signature of the applicant or applicants. If the applicant is for a temporary food service establishment or retail food store it shall also include the inclusive dates of the proposed operation.
(A) Upon receipt of an initial application, the Health Authority shall make an inspection of the establishment to determine compliance with the provisions of this Code. When inspection reveals that the applicable requirements of this Code have been met, a permit shall be issued to the applicant by the Health Authority.
It shall be unlawful for any person to operate a food service establishment, mobile food unit, temporary food service establishment, seasonal food service establishment, or retail food store within the County of Union, State of Illinois, who does not possess a valid permit issued to them by the Health Authority. Only a person who complies with the requirements of this Code shall be entitled to receive and retain such a permit. Permits shall not be transferable from one person to another person or place. A valid permit shall be posted in a conspicuous place in every food service establishment in view of the consuming public.
Permits for permanent food service establishments, mobile food units, seasonal food service establishments, and retail food stores shall remain the property of the Health Authority and shall expire on December 31 of the year of the date of issuance or expiration of the permit time period. Permits for temporary food service establishments and temporary retail food stores shall be issued for a period of time not to exceed fourteen (14) days.
(A) Enforcement and Interpretation; Food Service Establishments. In addition to those provisions set forth in Divisions I and II, this Code shall be interpreted and enforced in accordance with the provisions set forth in the current unabridged form of Section 750.10 through 750.1700 of the State of Illinois, Illinois Administrative Code Title 77: Public Health, Chapter I: Department of Public Health, Subchapter m: Food, Drugs, and Cosmetics, Part 750 Food Service Sanitation Code, and any subsequent revisions thereto and all guidelines and procedures as established by the Illinois Department of Public Health, Division of Food, Drugs, and Dairies, three (3) certified copies of which shall be on file in the office of the County Clerk.
(B) Enforcement and Interpretation; Retail Food Stores. In addition to those provisions set forth in Divisions I and II, this Code shall be interpreted and enforced in accordance with the provisions set forth in the current unabridged form of Section 760.10 through 760.1760 of the State of Illinois, Department of Public Health Publication 19.000 Titled “Retail Food Store Sanitation Rules and Regulations”, and any subsequent revisions thereto and all guidelines and procedures as established by the Illinois Department of Public Health, Division of Food, Drugs, and Dairies, three (3) certified copies of which shall be on file in the office of the County Clerk.
The following definitions shall apply in the interpretation and the enforcement of this Code:
(A) Adequate shall mean acceptable or sufficient as determined by the Health Authority.
(B) Approved shall mean acceptable to the Health Authority based on their determination as to conform with appropriate standards and good public health practices.
(C) Authorized Representative shall mean the legally designated Health Authority of the Southern Seven Health Department and shall include those persons designated by the Health Authority to enforce the provisions of this Code.
(D) Board of Health shall mean forUnion County, Illinois the Southern Seven Board of Health or its authorized representative.
(E) Category I Facility shall mean a food establishment that presents a high relative risk of causing food borne illness based on the large number of food handling operations typically implicated in food borne outbreaks and/or the type of population served by the facility.
(F) Category II Facility shall mean a food establishment that presents a medium risk of causing food borne illness based upon few food handling operations typically implicated in food borne illness outbreaks.
(G) Category III Facility shall mean a food establishment that presents a low risk of causing food borne illness based upon few or no food handling operations typically implicated in food borne illness outbreaks.
(H) Food shall mean any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use in whole or in part for human consumption.
(I) Food Service Establishment shall mean any place where food is prepared and intended for, though not limited to, individual portion service and included the site which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is charge for the food.
(J) Mobile Food Unit shall mean a vehicle-mounted food service establishment designed to be readily movable.
(K) Permit shall mean a written permit issued by the Board of Health or its authorized representative, permitting the operation of a food service establishment or retail food store.
(L) Permit Holder shall mean an individual, firm, partnership, company, corporation, trustee, association or public or private entity who is directly or indirectly responsible for the operation of a food service establishment or retail food store.
(M) Seasonal Food Service Establishments shall mean operations not lasting more than six (6) months and are associated with one event.
(N) Temporary Food Service Establishment shall mean food service establishments that operate at a fixed location for a period of time of not more than fourteen (14) consecutive days in conjunction with a single event or celebration.