Stephenson County, IL
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the County Board of Stephenson County 4-9-2008 by Ord. No. 08-04-1565 (Ch. 18 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 218.
Flood damage prevention — See Ch. 252.
Sewers and sewage disposal — See Ch. 338.
Subdivision of land — See C. 355.
Zoning — See Ch. 400.

§ 391-1 Rules and regulations adopted.

The current editions of the Illinois Water Well Construction Code (IWWCC) (77 Ill. Adm. Code 920), Water Well Pump Installation Code (77 Ill. Adm. Code 925) and Public Area Sanitary Practice Code (77 Ill. Adm. 895), Surface Source Water Treatment Code (77 Ill. Admin. Code 930) and Drinking Water Systems Code (77 Ill. Adm. Code 900) promulgated by the Illinois Department of Public Health and on file with the Secretary of State's office, pertaining to water supply, are hereby adopted by reference. References: Surface Source Water Treatment Code (77 Ill. Adm. Code 930).

§ 391-2 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:
ABANDONED WELL
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 contaminants into an aquifer or otherwise threatens the public health or safety.
AUTHORIZED REPRESENTATIVE
The Administrator of the County Health Department; shall include those persons designated by the Administrator to enforce the provisions of this chapter.
BED-AND-BREAKFAST ESTABLISHMENT
An operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than 10 nights in a twelve-month period. Only breakfast may be provided to the paying guests. Bed-and-breakfast establishments shall not include motels, hotels, boardinghouses, or food establishments.
BOARD OF HEALTH
The County Board of Health.
COMMUNITY WATER SYSTEM
A public water system which serves at least 15 service connections used by residents or regularly serves at least 25 residents at least 60 days per year.
CONSTRUCTION
All acts necessary to obtaining groundwater by wells, including excavation of the well, but excluding the installation of permanent pumps and pumping equipment.
HEALTH DEPARTMENT
The County Health Department, its officers, agents and employees, as the context may require.
HEALTH OFFICER
The Administrator of the County Health Department or any other duly appointed representative of the County Board of Health.
NONCOMMUNITY WATER SYSTEM
A public water system that is not a community water system, that has at least 15 service connections used by nonresidents, or regularly serves 25 or more nonresident individuals daily for at least 60 days per year.
PRIVATE WATER SYSTEM
Those wells that meet the definition in the Illinois Water Well Construction Code, as amended from time to time; any supply which provides water for drinking, culinary and sanitary purposes and serves an owner-occupied single-family dwelling.
PUBLIC WATER SYSTEM
A system for the provision to the public of piped water for human consumption, if the system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year. The term "public water system" includes any collection, treatment, storage or distribution facilities under control of the operator of such system and used primarily in connection with such system and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.
SEMIPRIVATE WATER SYSTEM
A water supply which is not a public water system, yet which serves a segment of the public other than an owner-occupied single-family dwelling.
WATER WELL
Any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, diversion, artificial recharge, or acquisition of groundwater, except monitoring wells.
WATER WELL CONTRACTOR
Any person who contracts to drill, alter or repair any water well.

§ 391-3 Penalty. [1]

Any person who violates any provision of this chapter shall be subject to penalties as set forth in Chapter 1, General Provisions, Article II, Penalties, § 1-11. Each day's violation constitutes a separate offense. The State's Attorney of the County shall bring such actions in the name of the people of the state, or may bring an action for injunction to restrain such violation to enjoin the operation of any such establishment causing such action.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

§ 391-4 Applications for permits.

All applications for permits granted under the provisions of this chapter shall be made to the Health Department. A permit for the construction of a community public water well shall be obtained from the Illinois Environmental Protection Agency.

§ 391-5 Permit required; nontransferable; posting.

A. 
It shall be unlawful for any person to construct or deepen a private well within the County who does not have a valid permit issued to him/her by the County Health Department. Only a person who complies with the requirements of this chapter shall be entitled to receive a permit.
B. 
Permits shall not be transferable from one person to another person or place.
C. 
A valid permit shall be posted in a conspicuous place at every well construction site.

§ 391-6 Party to whom permit is issued.

A permit is issued to a property owner only if the property owner is going to construct his/her own water well. Otherwise, permits shall be issued to licensed contractors.

§ 391-7 Contents of permit application.

Permit application forms provided by the SCHD shall be completed and signed by each applicant. Required information is defined in IWWCC (Ill. Adm. Code 920.130b) and shall include the following:
A. 
Well construction permit:
(1) 
Name and address of the applicant and location of site.
(2) 
Name and address of well driller.
(3) 
Type of work being done.

§ 391-8 Duration of permit; fees; reports.

A. 
A permit is valid for a period of one year from the date of issuance. If the work has not been completed within this period, the permit is void. If reapplication is made before the end of the initial year, no additional fee will be assessed. A permit must be secured for each well that is dug, drilled or driven.
B. 
Fees for permits shall be set from time to time by the County Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
C. 
A construction report and sealing report for the newly drilled well and the abandoned well must be maintained by the well driller and must be provided to the Health Department within 30 days after installation or sealing.

§ 391-9 Availability of community or public water.

The health officer shall not grant a permit for the construction of a well where public or community water systems are available. A water system shall be deemed available when a public or community water 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 and when the improvement to be served is located within a reasonable distance of public water to which a connection is practical and is permitted by the controlling authority for the water. A reasonable distance for the purpose of this provision may be deemed to be not greater than 200 feet for a single-family dwelling, a commercial establishment, subdivision or multifamily dwelling. An exemption will be granted to agricultural or commercial activities as long as conditions of the State of Illinois Well Codes and/or Drinking Water Systems Code promulgated by IDPH are met and as in force on the date of the application for exemption. It shall be the decision of the Health Department Administrator or designee that the conditions are or are not met.

§ 391-10 Connection to public and community water systems required.

Any premises abutting on a street, alley or easement in which there is a public or community water system shall connect to that system if the premises to be served are a reasonable distance, not to exceed 200 feet, and if connection is practical and permitted by the controlling authority. Any premises served by public water shall have an individual connection. An exemption will be granted to agricultural, residential and commercial activities as long as conditions of the State of Illinois Well Codes and Drinking Water System Code promulgated by IDPH are met as in force on the date of the application for exemption. It shall be the decision of the Health Department Administrator or designee that the conditions are or are not met.

§ 391-11 Request for hearing; notice required; findings and decision of health officer.

A. 
Generally. Any person affected by an order or notice issued by the health authority in connection with the enforcement of any section of this chapter may file, in the office of the Health Department, a written request for a hearing before the health officer. The health officer shall hold a hearing at a time and place designated by him within 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 days prior to the date on which the hearing is to be held. The regular return receipt for certified or registered mail is sufficient proof of service. Failure of the petitioner to appear for the scheduled hearing, for other than good cause, shall constitute a permanent waiver of his right to the hearing on the same issue. If the health officer 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 by varying or withdrawing the order or notice, the health officer may modify or withdraw the order or notice. As a condition for such action, the health officer may make requirements which are additional to those mandated by this chapter for the purpose of properly protecting the public health. The health officer shall render a decision within 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. The decision shall specify how the additional requirements, if any, will adequately protect the public health.
B. 
Hearing before Board of Health; notice required; findings, decision. Any person aggrieved by the decision of the health officer rendered as the result of a hearing held in accordance with the above subsection may file a request for a hearing before the Board of Health in the office of the health authority. Within 30 days of the date on which the written request was filed, the President of the Board of Health shall designate a time and place for the hearing. The petitioner requesting the hearing shall be notified of the time and place of the hearing not less than five days prior to the date on which the hearing is to be held. The notification shall be by either personal delivery to the petitioner or by certified or registered mail, return receipt requested. The regular return receipt for certified or registered mail is sufficient proof of service. Failure of petitioner to appear for the scheduled hearing, for other than good cause, shall constitute a permanent waiver of his right to the hearing on the same issue. If the Board of Health finds that strict compliance with the decision of the health officer would cause an undue hardship to the petitioner, and that the public health would be adequately protected by granting a variance from the decision of the health officer, the Board of Health may grant a variance. As condition for such variance, the Board of Health may make requirements which are additional to those prescribed by this chapter, solely for the purpose of adequately protecting the public health. The Board of Health shall render a written decision within 10 days after the date of the hearing and shall file said decision in the office of the Health Department. A copy thereof shall be served upon the petitioner personally or by delivery to the petitioner by certified or registered mail, return receipt requested.

§ 391-12 Water supply location, construction and repair.

The location, construction, repair, and disinfection of water wells, installation of well pumps, and abandoning of wells must meet all the requirements of the Illinois Water Well Construction Code.

§ 391-13 Administration; authority to promulgate rules and regulations.

The Health Department shall administer this chapter and shall make reasonable and necessary rules and regulations for the administration and enforcement of the provisions of this chapter. Such rules and regulations shall relate only to procedure and shall not substantively change, amend or enlarge upon any provisions of this chapter. The rules and regulations shall be in writing and available for public inspection.

§ 391-14 Inspections to determine compliance.

The authorized representative is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter.

§ 391-15 Right of entry.

The health authority shall have the right to free access to the property at reasonable times to determine if compliance is achieved.

§ 391-16 Inspection required.

The Health Department must be given a minimum of 48 hours' notice before water well construction commences. The Health Department must be given a minimum of 48 hours' notice prior to sealing all abandoned wells.

§ 391-17 Disinfection and analysis.

All components of a new water well construction and/or modification shall be thoroughly disinfected with a strong chlorine solution which will yield a dosage of at least 100 parts per million to the water in the well and piping system. After purging the water system of any chlorine residual, a water sample shall be taken and analyzed by a certified laboratory and satisfactory results obtained prior to utilizing the water system for drinking and culinary purposes. The water obtained from a semiprivate water supply shall meet the requirements of the Public Area Sanitary Practice Code (Ill. Adm. Code 895.20b), and the water obtained from a private well shall meet the bacteriological and nitrate requirements of the Primary Drinking Water Standards (35 Ill. Adm. Code 611). The water from a private water system, having surface water as its source, shall meet the nitrate/nitrite, bacteriological and turbidity requirements of the Primary Drinking Water Standards (35 Ill. Adm. Code 611).

§ 391-18 Revocation or suspension of permit. [1]

Upon inspection, if it is found that the permit holder has violated any portion of this code, the health authority shall revoke or suspend the permit, or he may notify the owner or installer to make such changes in the work as he shall specify, and if such changes are not made within a reasonable time, he shall then revoke the permit, and it shall be unlawful to use such for human consumption.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

§ 391-19 Inspection and testing of bed-and-breakfast establishments.

Bed-and-breakfast establishments with a semiprivate water supply shall have samples collected by the SCHD and tested for the presence of coliform bacteria, nitrate and nitrite concentration by a certified laboratory at a minimum of once per year. The bed-and-breakfast establishment's semiprivate water supply shall comply with Public Area Sanitary Practice Code (77 Ill. Adm. Code 895).