Every building or structure in the city used for human occupation, including residences, businesses, trades, industry or buildings or structures used for meeting purposes, where public sanitary sewer service is not available, and which is not connected to the public sanitary sewer system of the city, shall be equipped with an adequate and properly functioning septic tank or aeration system, which will meet or exceed the following requirements, as follows:

    A.    Availability of Public Sewer Service. Public sanitary sewer service shall be deemed available when a public sanitary sewer line is located within any street or other right-of-way or utility easement that adjoins or abuts the premises for which a sewer service is required, or when the improvement to be served is located within two hundred (200) feet of a city sanitary sewer line to which the property can connect and to which there is no physical barrier or local ordinance or law prohibiting connection. Where said sanitary sewer service is available the property owner must pay the usual and customary connection or "tap-in" fee to the city and connect the improvement to be served by the connection to the city public sanitary sewer service.

    Where a property in the city was authorized to have and install a private septic tank or aeration system for sanitary sewage disposal on the premises and subsequently city sanitary sewer service becomes available for the property, the property owner will be required to connect to the city sanitary sewer system within three years after the city sanitary sewer service becomes available and they will thereafter disconnect their private sanitary sewer service.

    B.    Permit Required. It shall be the responsibility of the property owner to obtain a private sewage disposal system permit from the board of health of the county in which the property to be served by the septic tank or aeration system is located, or from such other and further or different county governmental regulatory authority as state law and county codes and ordinances require, before any construction is undertaken on a septic tank or aeration system in the city. No property owner qualified for and intending to install a private sewage disposal system on their property shall be entitled to receive a building permit to develop the property unless and until the property owner provides the city’ s building inspector with a copy of the private sewage disposal system permit issued by the county board of health or other appropriate governmental authority. Failure of a property owner to obtain the required permit or permits shall be deemed a violation of this code for which the property owner shall be subject to a fine of not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00); and each day a violation persists shall be deemed an additional and separate offense. Further, the city may obtain injunctive relief from the appropriate circuit court to enjoin a violation of this section.

    C.    Adoption of State Law and County Codes by Reference. Any property owner having or seeking to have and maintain in the city a septic tank or aeration system shall be required, at all times, to comply with the Private Sewage Disposal Licensing Act and Code of the state of Illinois, as from time to time amended, 255 ILCS 225/1 et. seq., as well as the health code and the private sewage disposal system code of the county where the property to be served by the septic tank or aeration system is located. The city adopts the Private Sewage Disposal Licensing Act and Code of the state of Illinois and the county codes and ordinances of St. Clair County, Illinois and of Monroe County, Illinois, pertaining to regulation of private sanitary sewer systems (including the Monroe County, Illinois Private Sewage Disposal System Code) and all subsequent amendments and revisions hereof, which are incorporated herein by reference. At least one copy of the state law and county codes and ordinances shall be kept on file in the office of the city clerk.

    D.    Aeration System Maintenance. Property owners who install aeration systems for private sanitary sewer service in the city shall be required to maintain the aeration unit in accordance with the manufacturer’ s specifications. The property owner shall be required to obtain and maintain at all times a continuing service policy with the manufacturer of the aeration unit, or shall have a licensed installation contractor or an agent maintain the same as long as the NSF standard is maintained. Alternatively, in lieu of a continuing service policy, the property owner shall have an independent certified laboratory test the effluent every six months for the following: (1) BOD5, (2) suspended solids, (3) color, (4) threshold odor, (5) oily film, (6) foam, (7) chlorine residual (if applicable), and (8) fecal coliform count. The effluent shall be in compliance with the county codes. Copies of the service contract and copies of all test results shall be filed with the city clerk and the city clerk shall provide copies of the same to the city building inspector for filing in the office of the city building inspector.

    E.    Right of Inspection. It shall be the duty of the owner or occupant of a property in the city that has private sanitary sewer service by septic tank or aeration system, to give the health officer of the county in which the property is located as well as the city’ s building inspector or his designated agent and/or the city engineer free access to the property for the purpose of making such inspections as they deem necessary to determine compliance with requirements of this section. The owner or contractor seeking to install a septic tank or aeration system in or on property located in the city shall give a minimum of twenty-four (24) hours advance notice to the applicable county health officer to allow the officer an opportunity to inspect the system before it is covered or placed in operation. Failure to do so could result in the responsible party being required to uncover the disposal system for inspection by the appropriate health officer or officers. (Ord. 1541 § 1, 1997: prior code § 38-3-6)