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) BEDROOM means any room with a closet, excluding kitchens, hallways and bathrooms.
(c) BOARD OF HEALTH shall mean the Tazewell County Board of Health or its Authorized Representative(s).
(d) DISCHARGE POINT means the point at which treated effluent discharges from an approved private sewage disposal system, compliant with the IDPH Private Sewage Disposal Code.
(e) DOMESTIC SEWAGE means wastewater derived principally from dwellings, businesses or office buildings, institutions, food service establishments, or similar facilities.
(f) EVAPORATION BED means a bed as designed in section 6TCC 1-9 of this ordinance that is intended to allow properly treated effluent to evaporate.
(g) 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.
(h) HEALTH DEPARTMENT shall mean the Tazewell County Health Department, an agent of the Tazewell County Board of Health.
(i) 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.
(j) HOMEOWNER INSTALLED SYSTEMS means a private sewage disposal system installed by the homeowner for his personal single-family residence.
(k) MODIFY shall mean any change in the design or components of a private sewage disposal system requiring a permit herein defined.
(l) OPERATION INSPECTION means an inspection of the private sewage disposal system to determine compliance with this ordinance and the Illinois Department of Public Health Private Sewage Disposal Licensing Act and Code by a private sewage disposal system installation contractor registered with the Tazewell County Health Department or an authorized representative of the Health Department.
(m) PERMIT shall mean a written permit issued by the Board of Health or its authorized representative permitting the construction or operation of a private sewage disposal system under this ordinance.
(n) 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.
(o) PRIVATE SEWAGE DISPOSAL SYSTEM INSTALLATION CONTRACTOR means any person licensed by the Illinois Department of Public Health for excavating, constructing, repairing, installing, modifying, maintaining, or servicing a private sewage disposal system.
(p) PRIVATE SEWAGE DISPOSAL SYSTEM PUMPING CONTRACTOR means any person licensed by the Illinois Department of Public Health who cleans or pumps waste from a private sewage disposal system, portable toilet, portable hand-washing unit or holding tank or hauls or disposes wastes removed there from.
(q) 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.
(r) SEPTIC TANK MANUFACTURERS AND/OR AERATION UNIT DEALERS means any person who manufactures, sells, offers for sale, or delivers Illinois Department of Public Health approved septic tanks or aeration units in or into Tazewell County.
(s) 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.
(t) SURFACE DISCHARGING SYSTEM means a private sewage disposal system that releases or has the potential to release treated domestic sewage onto the ground, into any kind of drain or conveyance, or into surface waters.
(u) ZONING INSPECTION means an inspection of the private sewage disposal system to determine compliance with this ordinance and the Illinois Department of Public Health Private Sewage Disposal Licensing Act and Code by a private sewage disposal system installation contractor registered with the Tazewell County Health Department or an authorized representative of the Health Department when property is to be re-platted, additional bedrooms or square footage are added to the existing dwelling or a dwelling must be rebuilt due to loss.
94.26. 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.
(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. This information is including but not limited to all property boundaries, easements, location of existing or planned inground sprinkler system, inground pools, underground utilities, location of all drains, wells, cisterns, buildings, driveways, patios whether existing or proposed and soil boring locations. Permit shall include one complete set of building plans for new construction and/or homeowner’s signature verifying the number of bedrooms for the dwelling.
(c) A permit shall only be issued upon application signed by a homeowner and/or property owner and 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, address, phone number, and email 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 that the proposed construction, alteration, or extension comply 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 or repair 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.
This requirement shall be waived under the following condition:
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, any alteration of a system including the installation of a sample port, extension, variance request, or operation of a private disposal 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 a private 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.
(l) Any application for a new install, repair or extension of a surface discharging system after the effective date (February 10, 2014) of the United States Environmental Protection Agency (USEPA) National Pollutant Discharge Elimination System (NPDES) Permit No. IL G62 must first have a General Permit (if required) from the U.S. EPA prior to submitting a septic permit application to this Department.
(m) On all newly platted parcels, a sufficient area of suitable ground shall be provided for a second subsurface seepage system designed according to the Illinois Department of Public Health Private Sewage Disposal Licensing Act and Code. No shed, driveway, patio or like structures and improvements shall be placed in any area or expansion area designated for a private sewage disposal system.
94.28. 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 31st 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 31st of the following year in which were issued, except those issued in December will expire December 31st of the following year.
94.29. Compliance & 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. 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. Owners whose property is served by an aerobic unit and/or has 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. The homeowner of an ATU may conduct the inspection and maintenance as defined within the Act, but the inspection and maintenance shall be performed per the manufacturer’s requirements to assure proper operation. At a minimum surface discharging systems shall be inspected and/or maintained as follows and in accordance with the IDPH Private Sewage Code:
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.) Waste Stabilization Pond- 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 existing surface discharging systems whose effluent leaves their property or has the potential to leave their property must meet the Illinois Department of Public Health effluent standards and be sampled 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. As of February 10, 2014 new installations and systems that are repaired must have an EPA NPDES General Permit No. IL G62 (if required) prior to discharging. Those systems must meet the sampling requirements of the EPA NPDES General Permit No. IL G62 and submit sample results to 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 or an exchange of ownership prior to closing. 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. Within 30 days of the closing; a copy of the report signed by the buyer must be provided to the department.
(e) When an operational inspection is completed, the new owner for the property shall receive training approved by the Health Department regarding maintenance of their septic system. This training must be completed within 60 days of closing. Training will be waived if the new owner has attended training within the previous 12 months of closing.
(f) Operational inspections are valid for 90 days
(g) 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. When septic systems are not in compliance with the Ordinance, the Tazewell County Health Department or authorized representative of the Health Department will complete additional operational re-inspections to insure compliance.
(h) As of August 1997, any buried sand filter or aeration system installed 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.
(i) 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.
(j) Private sewage disposal systems constructed prior to August 1997, shall be exempt from the provisions of this ordinance until such time as the property transfers ownership or in circumstances where existing systems necessitate repair or replacement due to malfunction or nuisance, 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.
(k) Effective June 16, 2005, when a property transfers ownership, if the Health Department has no record of a permitted system 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. Cesspools are not considered to be a private sewage disposal system according to the Department of Public Health Title 77: Public Health, Chapter l: Department of Public Health, Subchapter r: Water and Sewage, Part 905: Private Sewage Disposal Code, 905.30, Approved Private Sewage Disposal Systems and therefore will not be allowed as a private sewage disposal system.
(l) 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.
(m) The department shall have the authority, subject to constitutional limitations, to enter at reasonable times upon private or public property, by its representatives after identification, for the purpose of inspecting and investigating conditions relating to the administration and enforcement of this ordinance and the private sewage disposal code.
The Department shall have access to any property or building currently served by or will be served by a private sewage disposal system to determine satisfactory compliance with this ordinance. This access shall include but is not limited to pre-site layout review, any stage of the initial installation, repair or extension of a private sewage disposal system, final inspection following of grading, investigation of a potentially failing private sewage disposal system and inspection and sampling of surface discharging or potential surface discharging system, and when a property is replatted to ensure that the private sewage disposal system is located on the property of the building it serves.
(n) 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.
(o) 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 private 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.
(p) The use of a private sewage disposal system to serve more than one property is prohibited except under IDPH Private Sewage Disposal Licensing Act and Code, Section 905.20 General Requirements c) Individual Service.
All components of any private sewage disposal system shall be located on the same property as the building it serves. A recorded easement is required to be filed for existing systems that have any component of the private sewage disposal system located on property other that which the building is located. This includes property that is replatted.
(q) Under no circumstances shall any person maintain, allow or operate a private sewage disposal system in such a manner that the Health Department determines it to be an ongoing public nuisance or hazard to the public health or safety. Repeated pumping of a septic tank or aerobic unit to prevent such a public nuisance or hazard is not an acceptable remedy.
(r) A minimum 10-25 foot horizontal separation between all components of the private sewage disposal system and a buried sprinkler system shall be maintained. For specific distances to each component see Section 905.Appendix A Illustration D of the Private Sewage Disposal Code.
(s) All subsurface seepage systems that consist of chambers or gravelless piping shall be provided with inspection ports as design allows. A minimum of one inspection port shall be installed on the gravelless piping or chamber system located at a point farthest from the septic tank. It is suggested that the inspection ports be a minimum of 3 inches above grade.
(t) A distribution box, when used, shall be constructed with a removable lid and a minimum 6 inch diameter riser for access for inspection, cleaning, and general maintenance. It is suggested that the riser extends a minimum of 3” above grade. During an operational, zoning, complaint, or repair inspection if the distribution box does not have a riser, one must be provided.
(u) Access to the interior of the septic tank shall be provided to allow inspection and maintenance. A minimum 12 inch diameter manhole or riser shall be installed over the tank inlet and outlet. It is suggested that the manhole or riser extends a minimum of 3 inches above grade. During an operational, zoning, complaint, or repair if the existing septic tank does not have a riser, one must be provided.
(v) Access to the tank outlet shall be provided if a filter has been installed in the baffle. A manhole or riser shall be installed. It is suggested that the manhole or riser extends a minimum of 3” above grade. During an operational, zoning, complaint, or repair if the existing septic tank does not have a riser over the outlet baffle for easy access to the filter, one must be provided.
(w) A chlorine contact tank shall be provided with a minimum 6 inch riser for access for inspection, cleaning, and general maintenance. It is suggested that the riser extends a minimum of 3” above grade. During an operational, zoning, complaint, or repair if the existing chlorine contact tank does not have a riser one must be provided.
(x) Private sewage septic tanks shall have a pumping evaluation a minimum of once every 5 years.
94.30. 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.
94.31. 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.
94.32. 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 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 geothermal closed loop wells. This information must be submitted on forms provided by the county.
(a) Evaporation Beds:
1. Evaporation beds shall be located in well-drained areas that are not subject to
flooding or periodic inundation with surface water.
2.Evaporation beds shall be located to reasonably minimize the possibility of
overflow discharge reaching neighboring properties
3. Evaporation beds shall not be sodded or covered with soil. The gravel in the
evaporation bed shall remain exposed to the ground surface.
4.Evaporation beds shall be designed so the entire bed is completely filled
liquid prior to discharge and so designed to overflow to the ground surface to
prevent flowing back into the system.
5. The gravel shall extend the full depth of the bed and to a depth of not less than 3
inches beneath the bottom of the distribution line(s)
6. Evaporation beds shall be a minimum of 25’ to any property line.
7. The design must provide for a trench depth that is not greater than 30 18 inches
below the surface.
8. Erosion control measures must be used to protect the integrity of the evaporation
94.34. Operation Permits for a Surface Discharge System
No person shall operate, occupy or permit occupancy of any dwelling served by a private sewage disposal system designed for surface discharge or have the potential for surface discharge without a valid operation permit issued by the Health Department. A fee will be associated with the permit and the fee schedule shall be approved by the Board of Health and shall be deposited into the health department fund.
The fee shall be collected by the Health Department on an annual basis with the first fee due at the time an application for an initial construction permit, alteration or extension permit is submitted. Future fees are due December 31st of the next calendar year. If application is submitted after June 30th fees shall be prorated and the following year’s fees are to also be paid at that time. Property owners with a surface discharging system installed prior to the effective date of this Article shall be required to obtain a Surface Discharge System Operating Permit upon notification of this Department. The fee shall be deposited into the Health Department fund. The fee schedule shall be approved by the Board of Health.
94.35. Portable Sanitation
The Health Department may require portable toilets and portable potable hand washing units for events, gatherings or business sales when an approved public sewer system is not available. The use of private sewage disposal systems for events larger than what the system was originally designed for must also have portable toilets and portable potable hand washing units.
The Health Department shall prescribe the application process and shall require the applicant to submit an application for a portable sanitation permit at least 5 working days prior to the first operating day of the event, gathering or vendor sale. Permits are only valid for the event dates applied for.
An application for permit shall be completed on forms provided for by the Health Department and shall include the following:
1.Name, address, telephone number, email and fax number (if applicable) of the operator.
2.A description of the type of gathering to be held.
3.Number of people expected to attend the event. It is the responsibility of the employer, property owner or event coordinator to acquire a sufficient number of portable toilets and portable potable hand washing units for the number of persons anticipated.
4.Dates and times the gathering will be held.
5.Name, address, telephone number, email and fax number (if applicable) of property owner.
6.Location of gathering and site plan that includes the following:
a.Parking area available for patrons
b.location and number of food stands
c.location and number of portable toilets
d.location and number of portable potable hand washing units
7.Name, address and phone number of person or persons hired to provide portable sanitation.
Person or persons hired to provide portable sanitation must be licensed as a Portable Sanitation Business with all work done by certified Portable Sanitation Technicians or Portable Sanitation Technician Trainees.
The portable toilets and portable hand washing units shall be serviced at a frequency that maintains the units in a sanitary condition and free of odors and according to the IDPH Private Sewage Disposal Code, Portable Sanitation.
The Health Department may conduct inspections before and/or during an event, gathering or business sales to ensure compliance. Failure to provide adequate portable sanitation may result in revocation of the portable sanitation permit.
(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.
(c) The hearing/meeting procedures are noted below:
- The public hearing/meeting procedures will be summarized for all present by the Chairperson.
- The Chairperson will announce the subject of each public hearing/meeting, as advertised.
In order to conduct the hearing/meeting within a reasonable time and to keep the subject at hand, we ask that the following rules be observed:
- Following the staff presentation the person(s) requesting to comment will be called.
- Each person making a statement will be asked to complete the sign-in sheet prior to the meeting.
- When your name is called during the hearing/meeting process, please state your name and address for the record.
Please refrain from repeating what has been said before you, and please do not involve personalities.
Be as factual as possible.
(NOTE:) If there are numerous people in the audience who would like to participate on the issue, and it is known that all represent the same opinion, it is advised that a spokesman be selected to speak for the entire group. A spokesman will thus have the opportunity of speaking for a reasonable length of time, and of presenting a complete case. If this arrangement cannot be made, it may be necessary for the Chairperson to restrict each speaker to a limited
6 TCC 1-13. Penalties
Any person who violated any of the provisions of this ordinance shall be guilty of a misdemeanour and, upon conviction thereof, shall be punished by a fine of not more than $1000. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such violation occurs shall constitute a separate violation