[HISTORY: Adopted by the County Board of Stephenson County 5-29-2001 by Ord. No. 01-05-254 (Ch. 4 1/4 of the 1977 Code). Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 400.
The following terms used in these regulations shall be defined
as follows:
Written instructions given to the client, specific to the
body art procedure(s) rendered, on caring for the body art and surrounding
area. These instructions will include information on when to seek
medical treatment, if necessary.
An agent that destroys disease-causing microorganisms on
human skin or mucosa.
The practice of physical body adornment by permitted establishments
and operators utilizing, but not limited to, the following techniques:
body piercing, tattooing, cosmetic tattooing, branding and scarification.
This definition does not include practices that are considered medical
procedures by a state medical board, such as implants under the skin,
which shall not be performed in a body art establishment; nor does
this definition include, for the purposes of this code, piercing of
the outer perimeter or lobe of the ear using presterilized single-use
stud-and-clasp ear piercing systems.
Any place or premises, whether public or private, permanent
in location, where the practices of body art, whether or not for profit,
are performed.
Puncturing or penetration of the skin of a person using presterilized
single-use needles and the insertion of presterilized jewelry or other
adornment thereto in the opening. Puncturing the outer perimeter or
lobe of the ear using a presterilized single-use stud-and-clasp ear
piercing system shall not be included in this definition.
Any liquid or semiliquid blood or other potentially infectious
materials; contaminated items that would release blood or other potentially
infectious materials in a liquid or semiliquid state if compressed;
items that are caked with dried blood or other potentially infectious
materials and are capable of releasing these materials during handling;
sharps and any wastes containing blood and other potentially infectious
materials, as defined in 29 CFR 1910.1030 (latest edition), known
as "Occupational Exposure to Bloodborne Pathogens."
See "tattooing."
The Stephenson County Health Department, or its authorized
representative, having jurisdiction to promulgate, monitor, administer
and enforce these regulations.
The destruction of disease-causing microorganisms on inanimate
objects or surfaces, thereby rendering these objects safe for use
or handling.
The puncturing of the outer perimeter or lobe of the ear
using a presterilized single-use stud-and-clasp ear piercing system
following manufacturer's instructions. Under no circumstances
shall ear piercing studs and clasps be used anywhere on the body other
than the outer perimeter and lobe of the ear.
All machinery, including fixtures, containers, vessels, tools,
devices, implements, furniture, display and storage areas, sinks and
all other apparatuses and appurtenances used in connection with the
operation of a body art establishment.
A lavatory equipped with hot and cold running water under
pressure, used solely for washing hands, arms or other portions of
the body.
Water which attains and maintains a temperature of at least
100° F.
Hand pieces, needles, needle bars and other instruments that
may come in contact with a client's body or possible exposure
to bodily fluids during body art procedures.
Entry into the body either by incision or insertion of an
instrument into or through the skin or mucosa, or by any other means
intended to puncture, break or compromise the skin or mucosa.
Any personal ornament inserted into a newly pierced area,
which must be made of surgical implant grade stainless steel, solid
14K or 18K white or yellow gold, niobium, titanium or platinum, or
a dense low-porosity plastic, and/or which is free of nicks, scratches
or irregular surfaces, and which has been properly sterilized prior
to use.
A disinfectant or sanitizer registered with the Environmental
Protection Agency or an approximate one to 100 ratio dilution of household
chlorine bleach made fresh daily and dispensed from a spray bottle
(500 ppm, 1:4 cup/gallon or two tablespoons/quart of tap water).
Any person who controls, operates, manages, conducts, or
practices body art activities at a body art establishment and who
is responsible for compliance with these regulations, whether actually
performing body art activities or not. The term includes technicians
who work under an operator and perform body art activities.
Written approval by the Department to operate a body art
establishment. Approval is given in accordance with these regulations
and is separate from any other licensing requirement that may exist
within communities or political subdivisions comprising the jurisdiction.
An individual, any form of business or social organization,
or any other nongovernmental legal entity, including, but not limited
to, a corporation, partnership, limited-liability company, association,
trust or unincorporated organization.
A person licensed by the State of Illinois to practice medicine
in all its branches and may include other areas such as dentistry,
osteopathy or acupuncture, depending on the rules and regulations
particular to Illinois.
Any surface of an inanimate object that contacts the client's
unclothed body during a body art procedure, skin preparation of the
area adjacent to and including the body art procedure, or any associated
work area which may require sanitizing.
A process of reducing the numbers of microorganisms on cleaned
surfaces and equipment to a safe level as judged by a public health
standards and which has been approved by the Department.
Any object (sterile or contaminated) that may purposefully
or accidentally cut or penetrate the skin or mucosa, including presterilized,
single-use needles, scalpel blades, and razor blades.
A puncture-resistant, leakproof container that can be closed
for handling, storage, transportation and disposal and is labeled
with the international biohazard symbol.
Products or items that are intended for one-time, one-person
use and are disposed of after use on each client, including, but not
limited to, cotton swabs or balls, tissues or paper products, paper
or plastic cups, gauze or sanitary coverings, razors, piercing needles,
scalpel blades, stencils, ink cups and protective gloves.
A very powerful process resulting in the destruction of all
forms of microbial life, including highly resistant bacterial spores.
Any method of placing ink or other pigment into or under
the skin or mucosa by the aid of needles or any other instrument used
to puncture the skin, resulting in permanent coloration of the skin
or mucosa. This includes all forms of cosmetic tattooing.
A set of guidelines and controls, published by the Centers
for Disease Control (CDC) as "guidelines for prevention of transmission
of human immunodeficiency virus (HIV) and hepatitis B virus to health-care
and public-safety workers" in Morbidity and Mortality Weekly Report
(MMWR), June 23, 1989, Vol. 38, No. S-6, and as recommendations for
preventing transmission of HIV and the hepatitis B virus to patients
during exposure-prone invasive procedures, in MMWR, July 12, 1991,
Vol. 40, No. RR-8. This method of infection control requires the employer
and the employee to assume that all human blood and specified human
body fluids are infectious for HIV, HBV, and other blood pathogens.
Precautions include hand washing, gloving, personal protective equipment,
injury prevention, and proper handling and disposal of needles, other
sharp instruments, and blood and body fluid contaminated products.
A.
The following information shall be kept on file on the premises of
a body art establishment and available for inspection by the Department:
(1)
Full names and exact duties of operator/technician;
(2)
Date of birth;
(3)
Gender;
(4)
Home address;
(5)
Home and work phone numbers;
(6)
Identification photos of all body art operators/technicians;
(7)
Establishment name;
(8)
Hours of operation;
(9)
Owner's name and address;
(10)
A complete description of all body art procedures performed;
(11)
An inventory of all instruments and body jewelry, all sharps,
and all inks used for any and all body art procedures, including names
of manufacturers and serial or lot numbers, if applicable. Invoices
or orders shall satisfy this requirement; and
(12)
A copy of these regulations.
B.
It shall be unlawful for any person to perform body art procedures
unless such procedures are performed in a body art establishment with
a current permit.
C.
The body art operator/technician must be a minimum of 18 years of
age.
D.
Smoking, eating, or drinking by anyone is prohibited in the area
where body art is performed.
E.
Operators/Technicians shall refuse service to any person who, in
the opinion of the operator/technician, is under the influence of
alcohol or drugs.
F.
The operator/technician shall maintain a high degree of personal
cleanliness, conform to hygienic practices, and wear clean clothes
when performing body art procedures. Before performing body art procedures,
the operator/technician must thoroughly wash his/her hands in hot
running water with liquid soap, then rinse hands and dry with disposable
paper towels. This shall be done as often as necessary to remove contaminants.
G.
In performing body art procedures, the operator shall wear disposable
medical gloves. Gloves must be changed if they become contaminated
by contact with any unclean surfaces, objects or contact with a third
person. The gloves shall be discarded at a minimum after the completion
of each procedure on an individual client, and hands shall be washed
prior to donning the next set of gloves. Under no circumstances shall
a single pair of gloves be used on more than one person. The use of
disposable medical gloves does not preclude or substitute for hand
washing procedures as part of a good personal hygiene program.
H.
If, while performing a body art procedure, the operator's/technician's
glove is pierced, torn or otherwise contaminated, the contaminated
gloves shall be immediately discarded and the hands washed thoroughly
before a fresh pair of gloves is applied. Any item or instrument used
for body art which is contaminated during the procedure shall be discarded
and replaced immediately with a new disposable item or a new sterilized
instrument or item before the procedure resumes.
I.
Contaminated waste, other than sharps, as defined in this code, which
may release liquid blood or body fluids when compressed or may release
dried blood or body fluids when handled must be placed in an approved
"red" bag which is marked with the international biohazard symbol.
It must then be disposed of by a waste hauler approved by the Department
or, at a minimum, 29 CFR 1910.1030, Occupational Exposure to Bloodborne
Pathogens. Sharps ready for disposal shall be disposed of in approved
sharps containers. Contaminated waste which does not release liquid
blood or body fluids when compressed or does not release dried blood
of body fluids when handled may be placed in a covered receptacle
and disposed of through normal, approved disposal methods. Storage
of contaminated waste on-site shall not exceed the period specified
by the Department or more than a maximum of 30 days, as specified
in 29 CFR 1910.1030, whichever is less.
J.
No person shall perform any body art procedure upon a person under
the age of 18 years without the presence, consent and proper identification
of a parent, legal custodian parent or legal guardian. Nothing in
this section is intended to require an operator to perform any body
art procedure on a person under 18 years of age with parental or guardian
consent.
K.
Any skin or mucosa surface to receive a body art procedure shall
be free of rash or any visible infection.
L.
The skin of the operator/technician shall be free of rash or infection.
No person or operator affected with boils, infected wounds, open sores,
abrasions, keloids, weeping dermatological lesions or acute respiratory
infection shall work in any area of a body art establishment in any
capacity in which there is a likelihood that he/she could contaminate
body art equipment, supplies or working surfaces with body substances
or pathogenic organisms. Upon request of the Department, proof shall
be provided that all operators/technicians have either completed or
were offered and declined, in writing, the hepatitis B vaccination
series. This offering should be included as a preemployment requirement.
A.
Physicians licensed by the State of Illinois who perform either independent
of or in connection with body art procedures as part of patient treatment
are exempt from these regulations.
B.
Individuals who pierce only the outer perimeter and lobe of the ear
using a presterilized single-use stud-and-clasp ear piercing system
are exempt from these regulations. Individuals who use ear piercing
systems must conform to the manufacturer's directions on use
and applicable United States Food and Drug Administration requirements.
The Department retains authority to investigate consumer complaints
relating to alleged misuse or improper disinfection of ear piercing
systems.
A.
Verbal and written public educational information shall be required
to be given to all clients wanting to receive body art procedures.
Verbal and written instructions, approved by the Department, for the
aftercare of the body art procedure site shall be provided to each
client by the operator upon completion of the procedure. The written
instructions shall advise the client to consult a physician at the
first sign of infection or swelling and shall contain the name, address
and phone number of the establishment. These documents shall be signed
and dated by the parties, with a copy given to the client and the
operator retaining the original with all other required records. In
addition, all establishments shall prominently display a disclosure
statement, provided by the Department, which advises the public of
the risks and possible consequences of body art services. The facility
permit holder shall also post in public view the body art establishment
permit showing the name, address and phone number of the Department
and the procedure for filing a complaint. The disclosure statement
and the notice for filing a complaint shall be included in the establishment
application packet.
B.
All infections, complications or diseases resulting from the body
art procedure which become known to the operator shall be reported
to the Department by the operator within 24 hours.
A.
In order for the operator/technician to properly evaluate the client's
medical condition for receiving a body art procedure and not violate
the client's rights or confidential medical information, the
following information shall be given to the operator or technician:
"In order for proper healing of your body art procedure, we
ask that you disclose if you have or have had any of the following
conditions:
|
(1)
Diabetes;
(2)
History of hemophilia (bleeding);
(3)
History of skin diseases, skin lesions or skin sensitivities to soaps,
disinfectants, etc.;
(4)
History of allergies or adverse reactions to pigments, dyes or other
skin sensitivities;
(5)
History of epilepsy, seizures, fainting or narcolepsy; and/or
(6)
History of taking medications such as anticoagulants which thin the
blood and/or interfere with blood-clotting."
B.
The operator/technician should ask the client to sign a release form
confirming that the above information was obtained or attempted to
be obtained. The client should be asked to disclose any other information
that would aid the operator/technician in the client's body art
healing process evaluation.
C.
Each operator shall keep records of all body art procedures administered,
including date, time, identification and location of the body art
procedure(s) performed, and the operator's name. All client records
shall be confidential and be retained for a minimum of three years
and made available to the Department upon request.
D.
Nothing in this section shall be construed to require the operator
to perform a body art procedure upon a client.
The body art establishment shall keep a record of all persons
who have had body art procedures performed. The record shall include
the name, date of birth, and address of the client, the date of the
procedure, the name of the operator who performed the procedure(s),
type and location of procedure performed, dye number and expiration
date, signature of client and, if the client is a minor, proof of
parental or guardian presence and consent, i.e., signature. Such records
shall be retained for a minimum of three years and available to the
Department upon request. The Department and the body art establishment
shall keep such records confidential.
A.
Before performing a body art procedure, the immediate and surrounding
area of the skin where the body art procedure is to be placed shall
be washed with soap and water or an approved surgical skin preparation,
depending on the type of body art to be performed. If shaving is necessary,
single-use disposable razors or safety razors with single-service
blades shall be used and discarded after each use and the reusable
holder shall be autoclaved after use. Following shaving, the skin
and surrounding area will be washed with soap and water. The washing
pad shall be discarded after a single-use.
B.
In the event of blood flow, all products used to check the flow of blood or to absorb blood shall be single-use and disposed of immediately after use in appropriate covered containers, unless the disposal products meet the definition of biomedical waste (see definition of "contaminated waste" in § 211-1 above).[1]
A.
All non-single-use, nondisposable instruments used for body art shall
be cleaned thoroughly after each use by scrubbing with an appropriate
soap or disinfectant solution and hot water or by following the manufacturer's
instructions to remove blood and tissue residue, and placed in an
ultrasonic unit which will also be operated in accordance with manufacturer's
instructions.
B.
After cleaning, all nondisposable instruments used for body art shall
be packed individually in peel-packs and subsequently sterilized.
All peel-packs shall contain either a sterilizer indicator or internal
temperature indicator. Peel-packs must be dated with an expiration
date not to exceed six months.
C.
All cleaned, nondisposable instruments used for body art shall be
sterilized in a steam autoclave or dry heat sterilizer. The sterilizer
shall be used, cleaned, and maintained according to manufacturer's
instruction. A copy of the manufacturer's recommended procedures
for the operation of the sterilization unit must be available for
inspection by the Department. Sterile equipment may not be used if
the package has been breached or after the expiration date without
first repackaging and resterilizing. Sterilizers shall be located
away from work stations or areas frequented by the public. If the
body art establishment uses all single-use, disposable instruments
and products, and utilizes sterile supplies, an autoclave shall not
be required.
D.
Each holder of a permit to operate a body art establishment shall
demonstrate that the sterilizer used is capable of attaining sterilization
by semiannual spore destruction tests. These tests shall be verified
through an independent laboratory. The permit shall not be issued
or renewed until documentation of the sterilizer's ability to
destroy spores is received by the Department. These test records shall
be retained by the operator for a period of three years and made available
to the Department upon request. Scalpels, needles and razors shall
be single-use only.
E.
All instruments used for tattooing/body piercing shall remain stored
in sterile packages until just prior to performing a body art procedure.
When assembling instruments used for performing body art procedures,
the operator shall wear disposable medical gloves and use medically
recognized techniques to ensure that the instruments and gloves are
not contaminated.
F.
All inks, dyes, pigments, needles and equipment shall be specifically
manufactured for performing body art procedures and shall be used
according to manufacturer's instructions. Lot numbers and expiration
dates must be kept on file. Dyes shall not be used after the expiration
date. The mixing of approved inks, dyes or pigments or their dilution
with potable water is acceptable. Immediately before applying a tattoo,
the quantity of the dye to be used shall be transferred from the dye
bottle and placed into single-use paper cups or plastic cups. Upon
completion of the tattoo, these single cups or caps and their contents
shall be discarded.
A.
Single-use items shall not be used on more than one client for any
reason. After use, all single-use needles, razors, and other sharps
shall be immediately disposed of in approved sharps containers.
B.
All products applied to the skin, including body art stencils, shall
be single-use and disposable. Acetate stencils shall be allowed for
reuse if sanitization procedures are performed between uses if approved
by the Department. Petroleum jellies, soaps and other products used
in the application of stencils shall be dispensed and applied on the
area to be tattooed with sterile gauze or in a manner to prevent contamination
of the original container and its contents. The gauze shall be used
only once and then discarded.
A.
Body art establishments applying after adoption of this code shall
submit a floor plan of the proposed establishment for a plan review
by the Department, as part of the permit application process.
B.
All walls, floors, ceilings and all procedure surfaces of a body
art establishment shall be smooth, free of open holes or cracks, light-colored,
washable and in good repair. Walls, floors and ceilings shall be maintained
in a clean condition. All procedure surfaces, including client chairs
and benches, shall be of such construction as to be easily cleaned
and sanitized after each client. All body art establishments shall
be completely separated by solid partitions or by walls extending
from floor to ceiling from any room used for human habitation, a food
establishment or room where food is prepared, a hair salon, retail
sales, or other such activity which may cause potential contamination
of work surfaces.
C.
Effective measures shall be taken by the body art operator to protect
the entrance into the establishments and the breeding or presence
of insects, vermin and rodents. Insects, vermin and rodents shall
not be present in any part of the establishment, its appurtenances
or appertaining premises.
D.
There shall be a minimum of 45 square feet of floor space for each
operator in the establishment. Each establishment shall have an area
which may be screened from public view for clients requesting privacy.
Multiple body art stations shall be separated by dividers, curtains,
or partitions, at a minimum.
E.
The establishment shall be well-ventilated and provided with an artificial
light source equivalent to at least 20 footcandles three feet off
the floor, except that at least 100 footcandles shall be provided
at the level where the body art procedure is being performed, and
where instruments and sharps are assembled.
F.
No animals of any kind shall be allowed in a body art establishment
except service animals used by persons with disabilities (i.e., Seeing
Eye dogs). Fish aquariums shall be allowed in waiting rooms and nonprocedural
areas.
G.
A separate hand sink with hot and cold running water, under pressure,
and supplied with liquid soap and disposable paper towels shall be
readily accessible within the body art establishment. One hand sink
shall serve no more than three operators. In addition, there shall
be a minimum of one lavatory, excluding any service sinks, and one
toilet in a body art establishment.
H.
At least one covered waste receptacle shall be provided in each operator
area and each toilet room. Receptacles in the operator area shall
be emptied daily, and solid waste shall be removed from the premises
at least weekly. All refuse containers shall have lids, be cleanable
and kept clean.
I.
All instruments and supplies shall be stored in clean, dry and covered
containers.
J.
Reusable cloth items shall be mechanically washed with detergent
and dried after each use. The cloth items shall be stored in a dry,
clean environment until used.
A.
Establishment permit.
(1)
No person, firm, partnership, joint venture, association, business
trust, corporation or any organized group of persons may operate a
body art establishment unless it has received a body art establishment
permit from the Department.
(2)
Any person operating a body art establishment shall obtain an annual
permit from the Department.
(4)
A permit for a body art establishment shall not be transferable from
one place or person to another.
(5)
A current body art establishment permit shall be posted in a prominent
and conspicuous area where it may be readily observed by clients.
(6)
The holder of a body art establishment permit must only hire operators
who have complied with the operator permit requirements of this code.
B.
Operator permit.
(1)
No person shall practice body art procedures without first obtaining
an operator permit from the Department. The Department shall set a
reasonable fee for such permits.
(2)
The operator permit shall be valid from the date of issuance and shall automatically expire two years from the date of issuance unless revoked sooner by the Department in accordance with § 211-13.
(3)
Application for operator permits shall include:
(4)
Knowledge.
(a)
The applicant shall demonstrate knowledge of any of the following
subjects:
(b)
Knowledge of the above subjects may also be demonstrated through
submission of documentation of attendance/completion of courses or
successful completion of an examination approved or given by the Department
with a passing grade of 70%, attained prior to issuance of the operator's
permit. Examples of courses approved by the Department would include
such courses as preventing disease transmission (American Red Cross)
and bloodborne pathogen training (US OSHA). Training or courses provided
by professional body art organizations/associations or by equipment
manufacturers may also be submitted to the Department for approval.
(5)
No operator permit shall be issued unless, following reasonable investigation
by the Department, the body art operator has demonstrated compliance
with the provisions of this section and all other provisions of this
code.
(6)
All operator permits shall be conditioned upon continued compliance
with the provisions of this section and well as all applicable provisions
of this code.
(7)
All operator permits shall be posted in a prominent and conspicuous
area where they may be readily observed by clients.
A.
The following acts are prohibited:
(1)
Performing body art on any body part of a person under the age of
18 without the written consent and presence of the parent or legal
guardian of such minor. The consent is to be given in person to the
body artist or responsible person at the facility by the parent or
legal guardian at the time the tattooing or piercing is to commence.
Photographic identification of the parent or legal guardian is required.
(2)
Performing body art on a person who, in the opinion of the operator,
is inebriated or appears to be under the influence of alcohol or drugs.
(3)
Owning, operating or soliciting business as a body art establishment
or operator without first obtaining all necessary permits and approvals
from the Department, unless specifically exempted by this code.
(4)
Obtaining or attempting to obtain any body art establishment or operator
permit by means of fraud, misrepresentation or concealment.
B.
Body art shall only be in a nonmobile facility that has been approved
by the Department.
A.
Establishments operating at the time of the enactment of this code
shall be given a prescribed amount of time to make application to
the Department and comply with these regulations. Establishments that
continue to operate without proper permits from the Department or
operate in violation of these regulations will be subject to legal
remedial actions and sanctions as provided by law.
B.
A representative of the Department shall properly identify himself/herself
before entering a body art establishment to make an inspection. Such
an inspection must be conducted as often as necessary throughout the
year to ensure compliance with this code.
C.
It is unlawful for any person to interfere with the Department in
the performance of its duties.
D.
A copy of the inspection report must be furnished to the permit holder
or operator of the body art establishment, with the Department retaining
possession of the original.
E.
If, after investigation, the Department should find that the permittee
or operator is in violation of this code, the Department may, in the
alternative, advise the permittee or operator, in writing, of its
findings and instruct the operator to take specific steps to correct
such violations within a reasonable period of time, not to exceed
30 days.
F.
If the Department has reasonable cause to suspect that communicable
disease has been or may be transmitted by an operator, use of unapproved
or malfunctioning equipment, or unsanitary or unsafe conditions which
may adversely impact the health of the public, upon written notice
to the owner or operator, the Department may do any or all of the
following:
(1)
Issue an order excluding any or all operators from the permitted
body art establishment who are responsible, or reasonably appear responsible,
for the transmission of a communicable disease until the Department
determines there is no further risk to public health.
(2)
Issue an order to immediately suspend the permit of the licensed
establishment until the Department determines there is no further
risk to the public health. Such an order shall state the cause of
the action.
A.
Permits issued under the provision of this code may be suspended
temporarily by the Department for failure of the holder to comply
with the requirements of this code.
B.
Whenever a permit holder or operator has failed to comply with any
notice issued under the provisions of this code, the operator must
be notified in writing that the permit is, upon service of this notice,
immediately suspended. The notice must also contain a statement informing
the permit holder or operator that an opportunity for a hearing will
be provided if a written request for a hearing is filed with the Department
within the time specified by law.
C.
Any person whose permit has been suspended may, at any time, make
application for reinstatement of the permit. Within 10 days following
receipt of a written request, including a statement signed by the
applicant that in his opinion the conditions causing the suspension
have been corrected, and the submission of the appropriate reinspection
fees, the Department shall reinspect the body art establishment or
evaluate documentation provided by an operator. If the applicant is
in compliance with the provisions of this code, the permit will be
reinstated.
D.
For repeated or serious (any code infraction that threatens the health
of the client or operator) violations of any of the requirements of
this code or for interference with Department personnel in the performance
of their duties, a permit may be permanently revoked after a hearing.
Before taking such action, the Department shall notify the permit
holder or operator in writing, stating the reasons for which the permit
is subject to revocation and advising the permit holder or operator
of the requirements for filing a request for a hearing. A permit may
be suspended for cause, pending its revocation or a hearing relative
thereto.
E.
The Department may permanently revoke a permit after five days following
service of the notice unless a request for a hearing is filed with
the Department by the permit holder within the five-day period.[1]
F.
The hearings provided for in this section must be conducted by the
Department at a time and place designated by the Department. Based
upon the record of the hearing, the Department shall make a finding
and may sustain, modify or rescind any official notice or order considered
in the hearing. A written report of the hearing decision must be furnished
to the permit holder or operator by the Department.