Taz.Co. Ordinance

SUB-CHAPTER A, SEWAGE DISPOSAL

6 TCC 1-1. Definitions.

For the purpose of this Section, certain terms and words are hereby defined as follows:

(a) AUTHORIZED REPRESENTATIVE shall mean the legally designated Administrator or the Acting Administrator of the Tazewell County Health Department and shall include those persons designated by the Administrator or Acting Administrator to enforce the provision of the ordinance.

(b) BOARD OF HEALTH shall mean the Tazewell County Board of Health or its Authorized Representative(s).

(c) DOMESTIC SEWAGE means wastewater derived principally from dwellings, businesses or office buildings, institutions food service establishments, or similar facilities.

(d) HEALTH AUTHORITY shall mean the person or persons who have been designated by the Board of Health to administer the affairs of the Health Department.

(e) HEALTH DEPARTMENT shall mean the Tazewell County Health Department, an agent of the Tazewell County Board of Health.

(f) HOMEOWNER means a contract-for-deed buyer or a person who holds legal title to a residential structure, which is to be used for his personal single-family residence.

(g) HOMEOWNER INSTALLED SYSTEMS means a private sewage disposal system installed by the homeowner for his personal single-family residence.

(h) MODIFY shall mean any change in the design or components of a private sewage disposal system requiring a permit herein defined.

(i) OPERATION INSPECTION means an inspection of the private sewage disposal system to determine compliance with this ordinance by a private sewage disposal system installation contractor registered with the Tazewell County Health Department or the authorized representative of the Health Department.

(j) PERMIT shall mean a written permit issued by the Board of Health or its authorized representative permitting the construction or operation of an individual sewage disposal under this ordinance.

(k) PRIVATE SEWAGE DISPOSAL SYSTEM means any sewage handling or treatment facility receiving domestic sewage from less than 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.

(l) PRIVATE SEWAGE DISPOSAL SYSTEM INSTALLATION CONTRACTOR means any person excavating, constructing, repairing, installing, modifying, maintaining, or servicing a private sewage disposal system.

(m) PRIVATE SEWAGE DISPOSAL SYSTEM PUMPER means any person who cleans or pumps waste from a private sewage disposal system or hauls or disposes wastes removed there from.

(n) PRIVATE SEWAGE DISPOSAL SYSTEM INSTALLATION CONTRACTORS AND PUMPERS REGISTRATION shall mean an annual registration certificate issued by the Tazewell County Health Department to all private sewage disposal contractors and pumpers engaged in the installation and/or servicing of private sewage disposal systems within the limits of Tazewell County.

(o) SEPTIC TANK MANUFACTURERS AND/OR AERATION UNIT DEALERS means any person who manufactures, sells, offers for sale, or delivers septic tanks or aeration units in or into Tazewell County.

(p) SEPTIC TANK MANUFACTURERS AND/OR AERATION UNIT DEALERS REGISTRATION shall mean an annual registration certificate issued by the Tazewell County Health Department to all septic tank manufacturers and/or aeration unit dealers engaged in the manufacture, sale, offer for sale, and delivery of septic tanks or aeration units in or into Tazewell County.

6 TCC 1-2. Adoption by Reference.

This ordinance shall adopt by reference and shall be interpreted and enforced in accordance with provisions set forth in the current, unabridged form of the State of Illinois, Department of Public Health, “Private Sewage Disposal Licensing Act” found at 225 Illinois Compiled Statutes 225/1 et seq., and the “Private Sewage Disposal Code” found at 77 Ill. Adm. Code 905, and any subsequent amendments or revisions thereto, three certified copies of which shall be on file in the office of the Tazewell County Clerk. This ordinance shall control with respect to any differences between it and these incorporated provisions.

6 TCC 1-3. Permits.

(a) It shall be unlawful for any person to construct, alter, or extend private sewage disposal systems within Tazewell County unless he holds a valid permit issued by the Health Department stating the name of such person for which the specific construction, alteration, or extension is proposed. This permit shall be valid for a period of one year from the date of issue.

(b) All applications for permits granted under the provision of this ordinance shall be made to the Board of Health or its duly authorized representative. Sufficient data shall be included to allow review and to determine whether the proposed application for permit meets the requirements of this ordinance.

(c) A permit shall only be issued upon application signed by a homeowner and/or property owner or a Tazewell County registered private sewage disposal system installation contractor installing a sewage disposal system.

(d) Permit application forms are provided by the Health Department and shall be completed and signed by each applicant and shall include the following:

1. Name and address of the applicant and legal description of the proposed site of construction, alteration, or extension as proposed.

2. Complete plan of the proposed disposal facility, with substantiating data, if necessary, attesting to its compliance with the minimum standards of the ordinance.

3. Such other information as may be required by the health authority to substantiate that the proposed construction, alteration, or extension complies with the minimum standards of this ordinance.

(e) The Board of Health or its authorized representative may refuse to grant a permit for the construction of a private sewage disposal system where public or municipal sewage systems are available. Such a sewage system 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 connection is practical and permitted by the controlling authority for the sewer. A reasonable distance for the purpose of this provision shall be deemed to be not greater than 300 feet for a single-family residence and not greater than 1320 feet for a commercial establishment, subdivision, or multi-family dwelling. A connection is practical when it is cost-effective with regard to the septic system alternatives and can be completed using customary sewer lines. The need to annex an improvement other than a single-family residence to the municipality in order to connect to the municipal sanitary system does not make the municipal sewer system unavailable within the meaning of this section.

(f) The Board of Health or its authorized representative shall act upon all applications within 15 days of the receipt thereof.

(g) Said permit to construct is valid for a period of one year from the date of issuance. If construction has not been completed within this period, the permit is void.

(h) A soil investigation must be performed prior to the issuance of a permit. These tests shall be performed according to the provisions of the Illinois Department of Public Health Private Sewage Disposal Licensing Act and Code adopted hereinafter by reference. Percolation tests may only be performed by private sewage disposal installation contractors holding a valid Tazewell County registration certificate or the authorized agent who has been designated, trained, and tested by the contractor who certifies the agents ability to competently perform the test, property owner, or the authorized representative of the Health Department. The Health Department reserves the right to determine the validity of any test and in cases where more than one set of tests are performed the Health Department shall determine which set of tests prevail. The Health Department may supervise any test as needed. This requirement shall be waived:

1. Percolation tests may be performed with the prior approval from the Tazewell County Health Department.

2. A pre-site inspection is done by Health Department representative and determines lot constrictions would not allow for a subsurface seepage system.

(i) The Health Department shall be notified of any modification, change, or repair to any private sewage disposal system by either homeowner or contractor to determine whether that modification, change, or repair requires a permit as set forth in paragraph 6-1-3 (a). The routine cleaning of a disposal system components, replacing the septic tank cover, baffles or riser, or rodding out inlets and outlets does not require a permit as defined under Section 6-1-3 of this ordinance.

(j) There is a fee charged for the initial construction permit, alteration, or extension and operation of an individual sewage 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. The fee schedule shall be approved by the Board of Health.

(k) All homeowners that have been issued a permit to construct, alter, or extend and individual sewage system shall received training approved by the Health Department regarding maintenance of their septic system. This training must be completed within 60 days of installation of the septic system.

6 TCC 1-4. Contractor Registrations.

(a) An annual contractor registration shall be required by all private sewage disposal system installation contractors and all private sewage disposal pumping contractors operating within the limits of Tazewell County. The Health Department shall issue a private sewage disposal system installation contractor registration certificate or a private sewage disposal system pumping contractor registration certificate to persons applying for such a certificate who pass the written exam given by the State for the certificate desired and who are licensed by the State of Illinois as a private sewage disposal system installation contractor and/or a private sewage disposal system pumping contractor. An annual registration fee shall be required for each certificate issued. All registration certificates shall expire December 31^st of the following year. The registration fee shall be set by the Board of Health.

(b) An annual Septic Tank Manufacturer and/or Aeration Unit Dealer Registration Certificate shall be obtained by all persons who wish to manufacture, sell, offer for sale, deliver or provide maintenance service on septic tanks or aeration units in or into Tazewell County. The Tazewell County Health Department shall issue a Septic Tank Manufacturer and/or Aeration Unit Dealer registration certificate to persons who apply for such certificate and who have approval to manufacture and sell septic tanks and/or aeration units for the Illinois Department of Public Health.

There shall be no fee paid for said certificate. All registration certificates shall expire December 31^st of the following year in which were issued, except those issued in December will expire December 31^st of the following year.

(c) All persons who hold a Septic Tank Manufacturer and/or Aeration Unit Dealer registration certificate shall be required, to notify Tazewell County Health Department in writing the date of delivery or sale of a septic tank or aeration unit of the following information:

1. Name of purchaser.

2. Location of Delivery.

3. Date of sale and delivery.

4. Size of septic tank or model of aeration unit.

This information shall be provided on forms provided by the Tazewell County Health Department. Forms will be provided to septic tank manufacturers and/or aeration unit dealer’s registrants upon request of the septic tank manufacturer and/or aeration unit dealer.

6 TCC 1-5. Compliance and Performance.

(a) All private sewage disposal systems within the limits of Tazewell County shall be constructed, installed, maintained, and serviced by an individual with a valid private sewage disposal system installation contractor’s certificate. All such systems shall be pumped, cleaned, and then the contents hauled and disposed of by individuals with a valid private sewage disposal pumping certificate; provided a homeowner may install and/or service a private sewage disposal system, which serves his own personal single-family residence.

(b) All septic tank and/or aeration units manufactured, sold, offered for sale, or delivered in Tazewell County shall comply with the provisions in this ordinance. All owners whose property is served by a surface discharging system are required to have at all times an active contract to inspect the operation and ensure proper maintenance of the system. The inspection and maintenance must be done by a certified private sewage disposal installation contractor. At a minimum surface discharging systems shall be inspected and/or maintained as follows:

1.) Aerobic Treatment Units – once every six months. Inspection and maintenance must be performed by a manufacturer’s authorized service representative.

2.) Sand filters – once a year, with a minimum of six months between inspections.

3.) Lagoons – once a year, with a minimum of six months between inspections.

4.) All other surface discharging systems shall be inspected at a frequency established by the health department.

The health department reserves the right to increase the frequency of inspection and/or maintenance of surface discharging systems if components within the system require a more frequent inspection or maintenance, or if the system is not operating properly.

(c) All surface discharging systems whose effluent leaves their property must meet the Illinois Department of Public Health effluent standards and be sampled a a minimum of once a year. All discharging systems shall comply with the sampling requirements and frequencies as specified in the Private Sewage Disposal Code. Sample results must be submitted to the Tazewell County Health Department within 45 days of the date the sample was collected.

(d) An operational inspection is required for any private sewage disposal system, which is part of a sale of property, by the owner of record (seller). Any necessary repair or replacement revealed by the inspection shall be completed by, or provided for, by escrowed funds at the closing on the sale of the property. Whoever orders the inspection, must within 30 days of the issuance of the report; provide the department with a copy of the report signed by both the buyer and the seller prior to closing.

(e) An operational inspection may be conducted by a private sewage disposal installation contractor registered with the Tazewell County Health Department or an authorized representative of the Health Department. Operational inspection forms provided by the Health Department shall be completed and signed by the inspector and returned to the Health Department for review. Sufficient data shall be included to determine if the septic system is in compliance with this ordinance.

(f) Any buried sand filter or aeration system installed after the effective date of this ordinance shall not discharge any effluent directly into any body of water where full body contact activities are allowed. A discharge within 150 feet of the above shall be considered a direct discharge to the received body of water. Effluent from a receiving trench and/or evaporation bed shall not discharge closer than 15 feet from a body of water where full body contact activities are allowed.

(g) It shall be unlawful to discharge untreated sewage or effluent from any septic tank directly into any stream, ditch, ground surface, sink hole or abandoned well, or to allow the contents of any privy vault, septic tank, or seepage pit to emit offensive odors, to become objectionable, dangerous or prejudicial, to the public health.

(h) Private sewage disposal systems constructed prior to the effective date of this ordinance shall be exempt from the provisions of this ordinance until such time as the property is sold or in circumstances where existing systems necessitate repair or replacement due to malfunction, such repair or replacement shall be in conformance with this ordinance to the extent the lot size, soil conditions, topography, and other unalterable constraints will allow as authorized by a variance approved in accordance with this ordinance.

(i) Effective June 16, 2005, when a property is sold, if no health department record exists for a private sewage disposal system, the Health Department may require that a licensed septic contractor verify that a functioning private sewage disposal system is present with no illegal discharges.

(j) The Board of Health or its authorized representative is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this ordinance.

(k) The department shall have the authority to constitutional limitations, by its representatives after identification, to enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the administration and enforcement of this ordinance and the private sewage disposal code.

(l) If any private sewage disposal contractor or homeowner who installs a private sewage disposal system shall fill any portion of said system and/or cover the same with earth, cinders, gravel, sand, or any other material which will prevent the same from being readily viewed to determine if said system meets all requirements of the ordinance before receipt of approval by the Health Department, the Health Department may give fifteen (15) days notice in writing to such private sewage disposal contractor or homeowner so violating the provision of the ordinance, to uncover such back filled or covered portions of the system.

(m) At the end of such fifteen (15) days, if no approval for an extension has been granted, and if the private sewage disposal contractor or homeowner shall not have uncovered the individual sewage disposal system, the permit is automatically invalidated and penalty action may be taken. The Health authority may elect to have the system uncovered at the expense of the private sewage disposal contractor or homeowner. Failure of the homeowner to pay such costs within thirty (30) days shall result in the execution of a lien against the property.

6 TCC 1-6. Issuance of Notice.

(a) Whenever the Health Department determines that a violation of any provision of this ordinance has occurred, the Health Department shall give notice to the person responsible for such violation. This notice shall be in writing and include a statement of the reasons for issuance of the notice. The notice will allow reasonable time as determined by the Health Department for performance of nay act required. The notice to be served upon the person responsible for the violation(s) will contain an outline of remedial action which is required to effect compliance with this ordinance.

(b) It shall not be a prerequisite to enforcement of the penalty provisions of this ordinance that the Health Department first resort to the notice procedure set forth in this section if it is deemed a public health threat.

6 TCC 1-7. Revocation of Private Sewage Disposal Contractor and/or Pumper Registration.

For serious or repeated violation of any of the requirements of this ordinance, the private sewage disposal system contractor and/or pumper registration certificate may be revoked after an opportunity for a hearing has been provided by the health authority. Prior to such action, the health authority shall notify the contractor in writing, stating the reasons for which the registration certificate is subject to revocation and advising that the certificate shall be revoked at the end of five (5) days following service of such notice, unless a request for hearing is filed with the health authority, by the holder, within such 5-day period. A registration certificate may be suspended for cause pending its revocation or a hearing relative thereto where a clear and present danger to the public health is preliminarily found to exist by the health authority.

6 TCC 1-8. Hearings

(a) Any person affected by an order or notice issued by the Health Department in connection with the enforcement of any section of this ordinance, 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 the Health Department 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 the 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, whereas he deems necessary, make requirements which are additional to those prescribed in this ordinance for the purpose of protecting public health. The health authority 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 as a matter of public record. Any person aggrieved by the decision of the health authority may seek relief through a hearing before the Board of Health.

(b) 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 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 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 administration, the Board of Health may grant a variance and as a condition of such variance may, where it deems necessary, make requirements which are additional to those prescribed by this ordinance, all for the purpose of properly protecting the public health. The Board of Health will 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 by certified mail.

6 TCC 1-9. Approval of Proposed Subdivision Plats.

(a) Any subdivision being developed which is in part within 1320 feet of an existing available approved municipal sewer, or if the municipality is willing at its expense to extend the sewer line to within 1320 feet of the subdivision property line, shall not be developed by utilizing private sewage disposal systems.

(b) A fee for the review of the proposed subdivision plat shall be made payable to the Tazewell County Health Department in the amount of $100 and an additional $25.00 per lot. This fee is not returnable if the subdivision is not approved or the request for review is withdrawn.

(c) The owner/developer will submit soil investigations conducted by certified soil classifier for determination of type of septic systems and minimum size of lots. The size of each lot will include area for a replacement system similar to the proposed septic system. The information on the plat must include location of proposed septic system, future site of replacement system, well and vertical geothermal closed loop wells. This information must be submitted on forms provided by the county.

SUB-CHAPTER B, PUBLIC NUISANCES

6 TCC 1-10. Definitions.

For the purpose of this Section, certain terms and words are hereby defined as follows:

(a) LITTER means any discarded, used, or unconsumed substance or waste. Litter may include, but is not limited to, any garbage, trash, refuse, debris, rubbish, glass, metal, plastic or paper containers or other packaging material, motor vehicle parts, furniture, appliances, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person, or anything else of any unsightly or unsanitary nature, which exists upon any private property within the jurisdiction of the County of Tazewell. This definition specifically excludes used or antiquated farm equipment.

(b) PERSON means any individual, partnership, or co-partners, firm, company, corporation, association, joint stock company, trust, estate, or any other legal entity, or their legal representative, agent, or assigns.

6 TCC 1-11. Public Nuisance Litter.

It is hereby declared a nuisance to the public safety and welfare and a public nuisance if litter exists upon real property. It shall be unlawful for any owner or tenant in control to permit litter to exist on such property unless:

(a) the property has been designated as an appropriate disposal site for litter by Federal, State, or local government entities;

(b) the litter is placed in a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;

(c) the person is lawfully acting in or reacting to any emergency situation where health and safety is threatened, and removes and properly disposes of such litter when the emergency situation no longer exists.

6 TCC 1-12. Weed, Plants, and Grass Over Certain Height Declared Nuisance, Prohibited.

It shall be unlawful for anyone to permit weeds, plants, or grass, other than trees, bushes, flowers, or other ornamental plants, to grow to a height exceeding ten (10) inches on a parcel of property one acre or less in size, located in a residential zone district.

6 TCC 1-13. Vacated Premises.

It shall be unlawful for any person(s) occupying or controlling any lot, building or structure to vacate the premises prior to removal there from all garbage and refuse, or to fail to secure areas, building, equipment, or places against unauthorized access where such access threatens the safety of individuals.

6 TCC 1-14. Garbage and Refuse Vehicles.

(a) The County hereby adopts the provisions of 55 ILCS 5/5-8002. All the commercial equipment used for the collection of garbage, landscape wastes, and recyclable material must obtain a permit from the County Health Department. Application for permits shall be in writing and in such form as shall be prescribed by the County Health Department, pursuant to 55 ILCS 5/5-8002. Such permit shall be kept in vehicle at all times.

(b) Such vehicle shall be so constructed, covered, managed and controlled so as to prevent any part of the contents thereof from falling, leaking, or spilling.

(c) Garbage, refuse, and rubbish that is allowed to blow from or drop off any garbage vehicle is the responsibility of such vehicle owner to retrieve immediately.

(d) Overnight parking of loaded garbage collection vehicles on public or private property so as to create a nuisance is prohibited.

6 TCC 1-15. Other Nuisances.

(a) Any attractive nuisance, which may prove detrimental to life, health or safety whether in a building, on the premises of a building, or upon an unoccupied lot. This includes, but is not limited to, any abandoned well shaft, basement, or excavation, motor vehicle, discarded, abandoned, unattended, or used refrigerators, iceboxes and similar containers equipped with airtight door or lid, snap lock, or other locking device which may not be released from the inside. The duties of this item are imposed alike on the owner of the nuisance and the owner or occupant of the premises where the nuisance is permitted to remain.

(b) The presence of rats, flies, or other vermin.

(c) To allow the carcasses of dead animals or any parts of decaying animal matter to remain not buried, destroyed, or collected within 24 hours after death or dismemberment.

(d) No garbage disposal shall be conducted by open dumping or open burning.

(e) All other uses and conditions of property, which due to their existence create an environment deemed by the Health Officer to be prejudicial to public health.

SUB-CHAPTER C, WATER SUPPLY

6 TCC 1-16. Public Water Supply to be Used.

In those locations where a public water supply is reasonably available, a water well may not be used as a source of water for drinking and culinary purposes, if it would result in any plumbing connection, however indirect, with any public water supply, except as allowed by the public water supply authority.

6 TCC 1-17. Permit Required.

No water well shall be constructed or repaired nor any water well pump installed in this County except in accordance with this Chapter, and it shall be unlawful to proceed with such work unless a permit therefore shall have first been obtained from the County Health Department, said permit fee being $100.00. All wells and pumps shall be maintained in safe condition by the owner. (March 1995)

6 TCC 1-18. Application for Permit.

Application for such permits shall be in writing and in such forms as shall be prescribed by the County Health Department.

6 TCC 1-19. Location and Construction of Water Well Pumps.

(a) Except as otherwise herein provided, the location, construction, repair, and disinfection of water wells and the installation of water well pumps shall be governed by the requirements set forth in the Water Well Construction Code of the Illinois Department of Public Health (See 77 Ill Adm. Code 920) and the Water Well Pump Installation Code of the Illinois Department of Public Health (See 77 Ill Adm. Code 925). Wells that have been abandoned shall be sealed in the manner prescribed by the County Health Department. (March 1973)

(b) All new and replacement individual or community water supply systems which are subject to approval by the County Health Department shall be located and constructed to avoid impairment to them or contamination of them during flooding. (July 1977)

6 TCC 1-20. Disinfection and Analysis.

Owners of a new well shall have the water analyzed and approved by either laboratory of the Illinois Department of Public Health, or a laboratory approved by the County Health Department before the well is placed in service. A copy of the analysis shall be filed with the County Health Department. (March 1973)

6 TCC 1-21. Cisterns.

Cisterns, when used for secure sources of drinking water, shall be located, constructed, and maintained in accordance with the requirements of the Department of Public Health.

6 TCC 1-22. Continuing Analysis.

It shall be the duty of the owner of every well serving as a water supply for more than one residence to have the water therein bacteriologically analyzed and approved at such times as required by the County Health Department; however, such analysis shall be made by either laboratory of the Illinois Department of Public Health or a laboratory approved by the County Health Department. In addition, such water shall be analyzed as aforesaid whenever the water lines are opened up for additional service to new residences or other residences, which have not heretofore been supplied from said well. A copy of the analysis shall be filed with the County Health Department.

(March 1973)

6 TCC 1-23. Capacity, Storage, Trunk, and Service Lines.

All wells furnishing the water supply to more than one residence shall meet the following requirements:

(a) The supply of water shall be sufficient to pump a minimum of six (6) gallons per minute for a minimum of twelve (12) hours per day.

(b) A storage area shall be installed and maintained with a minimum storage capacity of one hundred (100) gallons for each residence served or to be served, maintained at a minimum pressure of thirty (30) pounds per square inch.

(d) All service lines shall be no smaller than ¾ of an inch in diameter.

(March 1973)

6 TCC 1-24. Registration.

The owners of all wells serving as the water supply for more than one residence shall register the same with the County Health Department on such forms as shall be furnished by said Department. “Owner” is hereby defined as the person, firm, or corporation who holds legal title to the premises in which said well is located. If the owner is a firm or corporation, the owner shall also appoint a person to be in charge of the maintenance of said well and all service and trunk lines and his name shall be registered with said Department. Any change of the person in charge as herein required shall be promptly reported by the owner to said Department. (March 1973)

SUB-CHAPTER D, ENFORCEMENT

6 TCC 1-25. Notice of Violation.

(a) The Health Authority may serve or cause to be served a notice, in writing, upon the owner, agent, occupant, or person in possession, charge, or control of any lot, building, or premises or item of personalty in or upon which any nuisance exists, requiring said person to abate the same within a specified, reasonable time, in such manner as the notice shall direct.

(b) An appeal to the Board of Health from any notice shall be provided if a written request for a hearing is filed with the Health Department within the time established for the abatement of the nuisance. The Board of Health may exceed the time to abate or otherwise dispose of violation.

(c) Notice to State’s Attorney: If the person so served and notified does not abate the nuisance within the specified reasonable time, as may be modified by hearing, the Health Authority shall notify the State’s Attorney.

6 TCC 1-26. Penalties.

Any person who violates any provision of this Chapter shall be guilty of a petty offense and subject to license revocation. Each day’s violation constitutes a separate offense. In addition, the County may order such violator to abate the violation or authorize the Sheriff to clean up the property upon payment of costs by the violator.

6 TCC 1-27. Reserved.

6 TCC 1-28. Conflict of Ordinance.

In any case where a provision of this Ordinance is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance, or code of Tazewell County existing on the effective date of this Ordinance, the provision which, in the judgment of the Health Authority, established the higher standards for the promotion and protection of the health and safety of the people shall be deemed to prevail, and such other ordinance or codes are hereby declared to be repealed to the extent that they may be found in conflict with this Ordinance.

6 TCC 1-29. Severability of Provisions.

If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter should be declared invalid for any reason whatsoever, such decision shall remain in full force and effect and, to this end, the provisions of this Chapter are hereby declared to be severable.

TITLE 6 - CHAPTER 2 - AIR CONTAMINATION

6 TCC 2-1. Salvage Operation.

6 TCC 2-2. No Open Burning.

6 TCC 2-3. Enforcement.

6 TCC 2-4. Penalty.

6 TCC 2-1. Salvage Operation.

No person shall conduct a salvage operation by burning. (January 1971)

6 TCC 2-2. No Open Burning.

No person shall cause, suffer, allow, or permit open burning of refuse composed of animal, fruit, or vegetable matter, garbage, offal, or any other nauseous matter of organic or inorganic matter at any time except within a furnace or incinerator, and then not in a manner which permits the escape or discharge of noxious odors.

(January 1970)

6 TCC 2-3. Enforcement.

The enforcing officer under this Chapter shall be the Director of Public Health.

6 TCC 2-4. Penalty.

Violation of any provision of this Chapter is a Petty Offense.

TITLE 6 – CHAPTER 3 - FOOD SERVICE SANITATION

6 TCC 3-1. Definitions

6 TCC 3-2. Applicable Laws and Regulations

6 TCC 3-3. Plan Submission and Approval

6 TCC 3-4. Enforcement Provisions

6 TCC 3-5. Penalties

6 TCC 3-6. Repeal and Date of Effect

6 TCC 3-7. Unconstitutionally Clause

6 TCC 3-1. Definitions

In addition to the definitions contained in the Illinois Department of Public Health Food Service Sanitation Code and Retail Food Sanitation Code, which terms are italicized the first time in this ordinance, the following general definitions shall apply in the interpretation and enforcement of this ordinance:

(a) BOARD OF HEALTH shall mean the Tazewell County Board of Health or its authorized representatives.

(b) HACCP PLAN where this ordinance explicitly refers to a HACCP plan, it shall be defined in Section 6-3-3 (c).

(c) CATEGORY I FACILITY means a food service establishment that presents a high relative risk of causing foodborne illness based on the large number of food handling operations typically implicated in foodborne outbreaks and/or the type of population served by the facility. Category I facilities include those where the following operations occur:

1. Cooling of potentially hazardous foods occurs as part of the food handling operation at the facility;

2. Potentially hazardous foods are prepared hot or cold and held hot or cold for more than 12 hours;

3. Potentially hazardous foods cooked and cooled must be reheated;

4. Potentially hazardous foods are prepared for off-premises service for which time-temperature requirements during transportation, holding, and service are relevant;

5. Complex preparation of foods, extensive handling of raw ingredients with hand contact for ready-to-eat foods occurs as part of the food handling operations at the facility;

6. Vacuum packaging and/or other forms of reduced oxygen packaging are performed at the retail level; or

7. Immuno-compromised individuals are served, where these individuals compromise the majority of the consuming population.

(d) CATEGORY II FACILITY means a food service establishment that presents a medium relative risk of causing foodborne illness based upon few food-handling operations typically implicated in foodborne illness outbreaks. Category II facilities include those where the following operations occur:

1. Hot or cold foods are held at that temperature for no more than 12 hours and are restricted to same day services;

2. Foods prepared from raw ingredients use only minimal assembly; or

3. Foods that require complex preparation (whether canned, frozen, or fresh prepared) are obtained from approved food processing plants, high-risk food service establishments, or retail food stores.

(e) CATEGORY III FACILITY means a food service establishment that presents a low relative risk of causing foodborne illness based upon few or no food handling operations typically implicated in foodborne illness outbreaks. Category III facilities include those where the following operations occur:

1. Only pre-packaged foods are available or served in the facility, and any potential hazardous foods available are commercially pre-packaged in an approved processing plant;

2. Only limited preparations of non-potentially hazardous foods and beverages, such as snack foods and carbonated beverages, occurs at the facility; or

3. Only beverages (alcoholic or non-alcoholic) are served at the facility.

6 TCC 3-2. Applicable Laws and Regulations

The administrative rules adopted by the Illinois Department of Public Health pertaining to food establishments and retail food stores found at 77 IL Adm. Code 750 “Food Service Sanitation Code” and 77 IL Adm. Code 760 “Retail Food Store Sanitation Code” and all subsequent amendments are hereby adopted by reference. The Board of Health is authorized to adopt rules to carry out the purpose of this ordinance. Three certified copies of each shall be on file in the office of the Tazewell County Clerk’s Office.

6 TCC 3-3. Plan Submission and Approval

(a) When a food service establishment is constructed or the areas in which food is prepared and stored are extensively remodeled, or when an existing structure is converted for use as a food service establishment, the plans and specifications for such construction, remodeling, or alteration shall be submitted to the Board of Health in a manner prescribed by the Board of Health for approval before such work is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas where food is prepared and stored and the location, size, and type of equipment and facilities. When a facility is classified as a Category I facility, a menu of food items expected to be prepared at the establishment must be submitted with the plans including a Hazardous Analysis Critical Control Point (HACCP) Plan. Nothing in this section shall be construed to require the Board of Health approval of changes in the menu.

(b) Whenever plans and specifications are required to be submitted to the Board of Health, the Board of Health shall inspect the food service establishment or retail food store prior to the start of the operations, to determine compliance with the approval plans and specifications, and with the requirements of this ordinance.

1. Description of the product formulation and its intended use;

2. Flow diagram or operational procedures for the food preparation process indicating critical control points;

3. Hazards associated with each critical control point and preventative measures

4. Monitoring systems

5. Corrective actions plans for deviations from the critical limits

6. Record keeping procedures

7. Procedures for verification of HACCP system

(d) The Board of Health shall treat as confidential in accordance with the law information relating to trade secrets and recipe formulation.

6 TCC 3-4. Enforcement Provisions

(a) Permits: It shall be unlawful for any person to operated a food service establishment or a retail food store within the County of Tazewell who does not possess a valid permit which shall be issued annually by the Board of Health. Only a person who complies with the requirements of this ordinance shall be entitled to receive and retain such a permit. Permits shall not be transferable from one person and place to another person and place. A valid permit shall be posted in conspicuous view of the public in every food service establishment. Permits for permanent food service establishment and retail food stores shall expire on December 31^st of the year issued. Permits for temporary food service establishments and temporary retail food stores shall be issued for a period of time not to exceed 14 days.

1. Issuance of Permits: Any person desiring to operate a food service establishment or renew an expired permit shall make a written application for a permit at least one week prior to the date of opening and expiration of permit forms provided by the Board of Health. All Category I facilities must have a HACCP plan in place within one year of adoption of this ordinance. Such application shall be completed and signed by the owner or his or her representative and shall include the following:

i. The applicant’s full name, address, and whether such an applicant is an individual, firm or corporation. If a partnership, the names of partners and their addresses;

ii. The full name(s), addresses, State of Illinois food service sanitation certificate ID number(s), and the State of Illinois food service sanitation certificate expirations date(s) of the full time managerial staff person(s) designated as the certified food handler(s);

iii. The address of the food service establishment or retail food store;

iv. The billing address of the food service or retail store;

v. The type of food service or retail food store;

vi. Whether the facility has changed its menu items or food handling practices in the last year; and

vii. The appropriate fee(s).

Upon receipt of such an application, the Board of Health shall determine compliance with the provisions of this ordinance.

When satisfied that the applicable requirements of this ordinance have been met, a permit shall be issued to the applicant by the Board of Health.

2. Renewal of Permits: Whenever the review of the inspections for the previous year reveals repeated critical violations of this ordinance, the permit will not be issued and the Board of Health shall notify the applicant immediately thereof. Such notice shall state the reasons for not renewing the permit. Such notice shall also state that an opportunity for a hearing shall be provided for the applicant at a time and place designated by the Board of Health. Such a hearing shall be scheduled not later than 10 days from the date of notice. The notice referred to in this paragraph shall be delivered to the applicant in person by the Board of Health or may be sent by registered mail, return receipt requested. A permit, which has expired, shall be removed from the establishment by the Board of Health.

3. Fees: The fee schedule shall be as approved by the Board of Health, but shall not include fees for the issuance of permits.

4. Suspension of Permits: Permits may be suspended temporarily by the Board of Health for failure of the permit holder to comply with the requirements of this ordinance. Whenever a 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 Board of Health by the permit holder.

Upon suspension of the permit, the permit shall be removed from the establishment by the Board of Health and returned to the Health Department. Notwithstanding the other provisions of this ordinance, whenever the Board of Health finds unsanitary or other conditions in the operation of a food service establishment or retail food store which in its judgment, constitutes a substantial hazard to the public health, they may without warning, notice or 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 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 Board of Health shall be afforded a hearing as soon as possible.

5. Reinstatement of Suspended Permits: Any person whose permit has been suspended may at any time make application for a reinspection for the purpose of reinstatement of the permit. Within 10 days following the receipt of written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit has been corrected, the Board of Health shall make a reinspection. If the applicant is complying with the requirements of this ordinance, the permit shall be reinstated.

6. Revocation of Permits: For critical or repeated violations of any of the requirements of this ordinance, or for interference with the Board of Health in the performance of its duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Board of Health. Prior to such action, the Board of Health 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 five days following service of such notice, unless a request for a hearing is filed with the Board of Health, by the permit holder, within such 5 day period. A permit may be suspended for a cause pending its revocation or a hearing relative thereto.

7. Hearing: The hearings provided for in this ordinance shall be conducted by the Board of Health at a time and place designated by it. Any oral testimony given at a hearing shall be reported verbatim, and the presiding officer shall make a provision for sufficient copies of the transcript. The Board of Health shall make a final finding based upon the complete hearing record and shall sustain, modify, or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the Board of Health within 10 days.

8. Application after Revocation: Whenever a revocation of a permit has become final, the holder of the revoked permit may make a written inspection for new permit.

(b) Inspections:

1. Frequency of Inspections: Facilities shall be inspected at least as often as prescribed by the following schedule:

i. Category I Facilities shall receive a minimum of three inspections per year, or two inspections per year if all of the following conditions are met:

1. A certified food service manager is present at all time the facility is in operation within one year of adoption of this ordinance (Incidental absences of the certified food service manager due to illness, short errands, off the premises, etc. shall not constitute a violation of this section, provided there is documentation that a certified food service sanitation manager was scheduled to work at that time.);

2. Employees involved in food operations receive a HACCP training exercise, in-service training in food service sanitations, or attend an educational conference or training on food safety or sanitation; and

3. Maintaining monitoring charts

ii. Category II Facilities shall receive a minimum of two inspections per year.

iii. Category III Facilities shall receive a minimum of one inspection per year.

2. Right of Way: The Board of Health, after proper identification, shall be permitted to enter at any reasonable time any food service establishment or retail food store in the County of Tazewell, State of Illinois, for the purpose of making inspections to determine compliance with this ordinance. They shall be permitted to examine the records of the establishments to obtain pertinent information pertaining to food and supplies purchased, received, or used, persons employed and HACCP plan.

3. Report of Inspection: Whenever an inspection of a food service establishment or a retail food store is made, the findings shall be recorded on an inspection report from provided for this purpose, and shall furnish a copy of such inspection report form to the permit holder or operator. Remarks from the inspection shall reference, by section number, the section of the code or ordinance violated and shall state the correction to be made. Upon completion of an inspection, the Board of Health shall total the rating point values for all requirements in violation, and subtract that total from 100, the resulting total becomes the rating score for the establishment. The completed inspection form is a public document and shall be made available for the public disclosure to any person who requests it under the Freedom of Information Act.

4. Correction of Violations: The timing and procedure for the correction of all violations noted shall be as provided in the Tazewell County Health Department Rules.

1. Food may be examined or sampled by the Board of Health as may be necessary to determine freedom from adulteration or misbranding. The Board of Health may, upon written notice to owner or person in charge, place a hold order on any food which is determined or has probable cause to believe to be unwholesome or otherwise adulterated or disbranded. Under a hold order, food shall be permitted or be suitably stored. It shall be unlawful for any person to move or alter a hold order notice or tag placed on food by the Board of Health. Neither such food nor the containers thereof shall be relabeled, repackaged, or reprocessed, altered, disposed of, or destroyed without permission of the Board of Health, except on a order by a court of competent jurisdiction. After the owner or person in charge has had a hearing as provided in Section 6-3-4, and on the basis of evidence produced at such hearing, or on the basis of examination in the event of a written request for a hearing is not received within 10 days, the Board of Health may vacate the hold order or may, by written order, direct the owner or person in charge of food which was placed under the hold order to denature or destroy such food or bring it into compliance with the provisions of this ordinance. Such order shall be stayed if the order is appealed to a court of competent jurisdiction within five business days.

2. Where equipment used in the preparation of food products is found to be a public health hazard, unsafe, unsuitable for use, or unsanitary, such equipment shall be taken out of use and a hold order placed on said items by the Board of Health. Such equipment will not be altered, disposed of, or destroyed without permission of the Board of Health, except on an order by a court of competent jurisdiction. After the owner or person in charge had a hearing as provided in Section 6-3-4, and on the basis of evidence produced at such hearing, or on the basis of examination in the event of a written request for a hearing is not received within 10 days, the Board of Health my vacate the hold order or may, by written order, direct the owner or person in charge of the equipment that was placed under the hold order to denature or destroy such equipment or bring it into compliance with the provisions of this ordinance. Such order shall be stayed if the order is appealed to a court of competent jurisdiction within five business days.

(d) Procedure When Infection is Suspected: When the Board of Health has reasonable cause to suspect possibility of disease transmission from any food service establishment employee, it shall secure a morbidity history for the suspected employee or make any other investigation as may be indicated, and take appropriate action. The Board of Health my require one or more of the following measures:

1. Immediate exclusion of the employee from any food handling activities

2. Immediate closure of the establishment concerned until, in the opinion of the Board of Health, no further danger of disease outbreaks exists.

3. Restrictions of employee’s services to some area of the establishment where there will be no danger of transmitting the disease.

4. Adequate medical and laboratory examinations of the employee or other employees and of his or their body discharges.

6 TCC 3-5. Penalties

Any person who violated any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such violation occurs shall be constitute a separate violation.

6 TCC 3-6. Repeal and Date of Effect

This ordinance shall be full force and effect within two months upon its adoption as provided by law; and the Tazewell County Food Service Sanitation Ordinance, adopted February 1972 and as amended thereafter, by the County Board of Tazewell County, is hereby repealed. Mandatory HACCP provisions will sunset on December 31, 2003.

6 TCC 3-7. Unconstitutionality Clause

Should any section, paragraph, sentence, clause, or phrase of this ordinance be unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby.

TITLE 6 – CHAPTER 4 -- HUMAN HABITATION

6 TCC 4-1. Purpose.

6 TCC 4-2. Applicability.

6 TCC 4-3. Exceptions.

6 TCC 4-4. Conflicts.

6 TCC 4-5. Compliance by Owners Required.

6 TCC 4-6. Definitions.

6 TCC 4-7. Minimum Standards.

6 TCC 4-8 Smoke Detectors

6 TCC 4-9 Carbon Monoxide Alarms

6 TCC 4-10. Responsibilities of Owners.

6 TCC 4-11. Administration and Enforcement.

6 TCC 4-12. Penalties.

6 TCC 4-13. Designation of Unfit Dwellings and Legal Procedure of Condemnation.

6 TCC 4-1. Purpose.

The purpose of this Chapter is to provide basic, uniform standards governing the condition, occupancy, and maintenance of residential premises, and to establish reasonable safeguards for the safety, health, and welfare of the occupants and users thereof.

6 TCC 4-2. Applicability.

This Chapter shall apply to existing and new residential premises as follows:

(a) Lots, plots, or parcels of land on which residential structures, structures of mixed occupancy, or accessory structures are located;

(b) Residential structures including one and two-family dwellings, multiple dwellings, and mobile homes;

(d) Accessory structures accessory to residential occupancies.

6 TCC 4-3. Exceptions.

This Chapter shall not apply to transient type occupancies and uses including, but limited to: nursing and convalescent homes, hotels, motels, tourist camps, travel trailers, and travel trailer parks, and other forms of temporary housing.

6 TCC 4-4. Conflicts.

Where a provision of this Chapter is to be found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply, or sewage disposal law or ordinance or regulation adopted pursuant thereto or other local law, ordinance, code, or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.

6 TCC 4-5. Compliance by Owners Required.

No person shall occupy as owner-occupant or allow another to occupy any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the requirements of this Chapter.

6 TCC 4-6. Definitions.

For the purpose of this Chapter, certain terms and words are hereby defined as follows:

(a) Approved shall mean approved by the local or state authority having such administrative authority.

(b) Approved smoke detector or detector means a smoke detector of the ionization or photoelectric type, which complies with all the requirements of the Rules and regulations of the Illinois State Fire Marshal.

(c) Approved carbon monoxide alarm or alarm means a carbon monoxide alarm that complies with all the requirements of the rules and regulations of the Illinois State Fire Marshal, bears the label of a nationally recognized testing laboratory, and complies with the most recent standards of the Underwriters Laboratories or the Canadian Standard Association.

(d) Basement shall mean a portion of the building, partly underground, but having less than half its clear height below the average grade of the adjoining ground.

(e) Building shall mean a structure wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof affording shelter to persons, animals, or property.

(f) Cellar shall mean that space of a building that is partly or entirely below grade which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.

(g) Dwelling—one family shall mean a building containing not more than one dwelling unit occupied exclusively for residential purposes.

(h) Dwelling—two family shall mean a building containing not more than two dwelling units occupied exclusively for residential purposes.

(i) Dwelling unit means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence and each living unit in a mixed‑occupancy building.

(j) Egress shall mean a place or means of going out.

(k) Extermination shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the local or state authority having such administrative authority.

(l) Family shall mean a household constituting a single housekeeping unit occupied by one or more persons.

(m) Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, serving, and non-consumption of food.

(n) Grade—Finished shall mean natural surface of the ground after completion of any change in contour, abutting building or premises.

(o) Habitable space shall mean space occupied by one or more persons for living, sleeping, eating, or cooking; kitchenettes shall not be deemed to be habitable space. (Compare definition of “non-habitable space”.)

(p) Director of Public Health shall include his authorized representative.

(q) Mixed occupancy shall mean a building in which a dwelling unit is combined within the overall structure along with a non-dwelling unit such as, but not limited to, a place of business.

(r) Multiple dwelling shall mean:

1. A building containing three (3) or more dwelling units;

2. A building containing living, sanitary, and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families.

3. A building with one or more sleeping rooms other than a one or two-family dwelling used or occupied by permanent or transient paying guests or tenants;

4. A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity, or sorority house, or for similar uses; or

5. A building used or occupied as a convalescent old age or nursing home but not including private or public hospitals or public institutions.

(s) Non-Habitable space shall mean space used as a kitchenette, pantry, bath, toilet, laundry, restroom, dressing room, locker, storage room, utility room, heater room, boiler room, closet, and other spaces for service and maintenance of the building, and those spaces used for access and vertical travel between stories. (Compare definition of “habitable space”.)

(t) Occupant shall mean any person, over one (1) year of age, living, sleeping, cooking, or eating in or actually having possession of a dwelling unit or a rooming unit; except that in dwelling units a guest will not be considered an occupant.

(u) Ordinary winter conditions shall mean a temperature of 15 degrees above the lowest recorded temperature in the locality for the prior ten-year period.

(v) Owner shall mean any person who alone or jointly or severally with others:

1. Has legal title to any premise, dwelling, unit, with or without accompanying actual possession thereof, or

2. Has charge, care, or control of any premise, dwelling or dwelling unit, as owner or agent or agent of the owner, or an executor, administrator, trustee, or guardian, of the estate of the owner. Any person thus representing the actual owner shall be bound to comply with the provisions of this Chapter and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.