Code of Ordinances

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:

1. be in writing;
2. include a state­ment of the rea­sons for issuance of the notice;
3. allow rea­son­able time as deter­mined by the Health Depart­ment for per­for­mance of any act it requires;
4. 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,
5. 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.

1. 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:

1. 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
2. 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:

1. 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.
2. Com­plete a plan of the pro­posed dis­pos­al facil­i­ty, with sub­stan­ti­at­ing data, attest­ing to its com­pli­ance with the min­i­mum stan­dards of these regulations.
3. 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:

1. Do not con­t­a­m­i­nate any drink­ing water supply.
2. Are not acces­si­ble to insects, rodents, or oth­er pos­si­ble car­ri­ers of disease.
3. Do not pol­lute or con­t­a­m­i­nate the waters of any bathing beach, lake, riv­er, creek, pond, stream or oth­er body of water.
4. Do not give rise to a nui­sance due to odor or unsight­ly appearance.
5. Are not a health haz­ard by being read­i­ly acces­si­ble to chil­dren or ani­mals because of a lack of ade­quate fenc­ing or for oth­er reasons.
6. 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,” 14^th 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:

1. 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.
2. 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.
3. All 1 and 2 point weight­ed items shall be cor­rect­ed as soon as possible.
4. 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.