EXHIBIT “B” 
 
ARTICLE VI – WATER SUPPLY CODE 
 
 
   19-6-1      DEFINITIONS.    The following definitions shall apply in the 
interpretation and enforcement of this Code. 
   Abandoned Well   means 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 contamination into an aquifer or otherwise threatens the 
public health or safety. 
   Board of Health   means the St. Clair County Board of Health or its authorized 
representative(s). 
   Community Public Water System   means a public water system that serves at 
least   fifteen (15)   service connections used by residents, or regularly serves   twenty-
five (25)   or more residents for at least   sixty (60) days   per year. 
   Health Authority   means the person or persons who have been designated by 
the Board of Health to administer the affairs of the Health Department. 
   Health Department   means the St. Clair County Health Department, including 
its duly authorized representative(s). 
   Non-Community Public Water System   means a public water system that is 
not a community water system, and has at least   fifteen (15)   service connections used 
by nonresidents or regularly serves   twenty-five (25)   or more nonresident individuals 
daily for at least   sixty (60) days   per year. 
   Permit   means a written permit issued by the Health Department permitting the 
construction or deepening of a water well under this Code. 
   Potable Water   means water that is suitable for human consumption and which 
meets public health standards for drinking water. 
   Private Water System   means any supply that provides water for drinking, 
culinary, and sanitary purposes and serves an owner-occupied single family dwelling. 
   Semi-Private Water System   means a water supply that is not a public water 
system, yet, which serves a segment of the public other than an owner-occupied single 
family dwelling. 
   Water Well   means an excavation that is drilled, cored, bored, washed, driven, 
dug, jetted, or otherwise constructed when the intended use is for the location, 
diversion, artificial recharge or acquisition of groundwater. 
 
 
   19-6-2      ADOPTION BY REFERENCE.    I n  a d d i t i o n  t o  t h o s e  
provisions set forth, this Code shall be interpreted and enforced in accordance with 
provisions set forth in the following statutes, rules, and regulations of the State of 
Illinois, Department of Public Health and any subsequent amendments or revisions 
thereto, 
          
 
 

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which publications are incorporated herein and adopted by reference as part of this 
Code,   three (3)   certified copies of which shall be on file in the office of the St. Clair 
County Clerk. 
   (A)      “Illinois Water Well Construction Code.” (77 Ill. Adm. Code 920) 
 (B)    “Illinois  Well  Installation Code.” (77 Ill. Adm. Code   Water Pump 
925) 
 (C)    “Public  Sanitary   Area   Practice Code.”  (77 Ill. Adm. Code 895) 
   (D)      “Drinking Water Systems Code.”  (77 Ill. Adm. Code 900) 
   (E)      “Surface Source Water Treatment Code.”  (77 Ill. Adm. Code 930) 
 
 
   19-6-3      PUBLIC WATER SUPPLY USE.    In those locations where a 
public supply is reasonably available, that supply shall be the sole source of water for 
drinking, culinary and sanitary purposes.  A public water supply shall be deemed 
reasonably available when the subject property is located within   three hundred (300) 
feet   of the public water supply to which connection is practical and is permitted by the 
controlling authority for said water supply. 
 
 
   19-6-4      POTABLE WATER SUPPLY REQUIRED.    All premises 
intended for human habitation or occupancy shall be provided with a potable water 
supply.  The potable water supply shall not be connected to non-potable water and 
shall be protected against backflow and backsiphonage in accordance with the 
requirements of the “Illinois Plumbing Code”.  Each potable water supply shall provide 
quantities of water that are sufficient for drinking, culinary, and sanitary needs of the 
dwelling or premises served.  A minimum system pressure of   twenty (20) pounds 
per square inch   shall be maintained throughout each potable water supply. 
 (A)      Surface Water Supplies.    All water systems which receive their 
source of water from ponds, lakes, streams, rivers or other surface collectors of water 
shall be designed, constructed, and operated in accordance with the “Surface Source 
Water Treatment Code”.  No surface water shall be utilized as a potable water supply 
unless the Health Department has reviewed and approved the supply and its 
components. 
 (B)      Cisterns.    Cisterns shall not be used as a potable water supply 
except where adequate groundwater resources are not available.  Cistern water shall 
receive treatment in accordance with the “Surface Source Water Treatment Code”.  No 
cistern water shall be utilized as a potable water supply unless the Health Department 
has reviewed and approved the supply and its components. 
 
 
   19-6-5      ABANDONED WELLS.    Wells that are abandoned shall be 
sealed in a manner prescribed by the Health Department and the “Illinois Water Well 
Construction Code”.  The Health Department shall inspect abandoned wells which 
          
 
 

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have been sealed to determine compliance with this Code.  In questionable cases, the 
Health Department shall make the determination as to whether a water well is 
considered abandoned, based upon the definition of an “abandoned well” and the facts 
in each particular case. 
 
 
   19-6-6   PERMIT   REQUIRED.    No water well shall be constructed 
or deepened except in accordance with this Code, and it shall be unlawful to proceed 
with such work unless a permit has first been obtained from the Health Department.  A 
non-community public water supply shall not be operated without first obtaining a 
permit from the Illinois Department of Public Health. 
 
 
   19-6-7      APPLICATION FOR PERMIT.    All applications for permits 
under the provisions of this Code shall be made in writing and in such form as 
prescribed by the Health Department.  Sufficient data shall be included to determine 
whether the proposed application for permit meets the requirements of this Code. 
 
 
   19-6-8      ISSUANCE OF PERMIT.    U p o n  s u b m i s s i o n  o f  t h e  
application for permit, including the plans and specifications of the proposed water well 
or component thereof, the Health Department shall review said application prior to 
issuance of a permit.  The Health Department may require additional information, which 
may include the location of private sewage disposal systems and/or water wells on 
adjacent properties.  It shall be the responsibility of the applicant or an authorized 
agent of the applicant to obtain all necessary data and to design a system which will 
meet the requirements of this Code.  If the Health Department, upon review of said 
application, finds that such application meets the requirements of this Code, and upon 
payment of the required fee, a permit shall be issued to the applicant.  Such permit 
shall include specifications specific to each proposed water well and shall include a 
statement as to any restrictions relating to the location, materials, components, or type 
of water well to be constructed.  The Health Department shall act upon all applications 
within   fifteen (15) days   of receipt thereof. 
 
 
   19-6-9      PROPERTY OWNER’S RESPONSIBILITY.    It shall be the 
responsibility of the property owner to obtain a permit before any construction or 
deepening of a water well is begun.  Failure of the property owner to obtain a permit 
before any construction or deepening of a water well is begun shall constitute a 
violation of this Code. 
          
 
 

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   19-6-10  WATER WELL AND/OR PUMP INSTALLATION 
CONTRACTOR’S RESPONSIBILITY.    It shall be the responsibility of the Water Well 
Contractor to insure that a permit has been issued before any construction or 
deepening of a water well is begun and to follow the condition of said permit.  Failure 
of the Water Well Contractor to insure said permit has been issued or to violate the 
conditions of said permit shall constitute a violation of this Code.  All water wells shall 
be constructed in accordance with the “Illinois Water Well Construction Code”.  All 
individuals who construct water wells and install well pumps shall be licensed by the 
Illinois Department of Public Health in accordance with the Water Well and Pump 
Installation Contractor’s License Act   (225 ILCS 345/1)  . 
 
 
   19-6-11 PERMIT   VALIDITY.    A permit to construct or deepen a water well 
is valid for a period of   one (1) year   from the date of issuance.  If construction has not 
started within this period, the permit is void and a new permit is required “including 
payment of fee” before construction begins. 
 
 
   19-6-12 PERMIT   FEE.    A nonrefundable fee of   One Hundred Dollars 
($100.00)   shall accompany each application and be deposited into the St. Clair County 
Health Department Fund. 
 
 
   19-6-13     EXCEPTIONS.    A permit to construct or deepen a water well shall 
not be required by the Health Department when such water well does or will serve a 
community public water system or function as a monitoring well. 
 
 
   19-6-14     INSPECTIONS.    The Health Department shall have the authority 
to enter any property at any reasonable time for inspection purposes to determine 
compliance with the provisions of this Code.  It shall be the duty of the owner or 
occupant of a property to allow the Health Department free access to the property for 
inspection purposes to determine compliance with the provisions of this Code.  If the 
Health Department is denied access to the property, it may, to the extent provided by 
law, obtain an administrative search warrant with the assistance of the State’s Attorney 
Office for the purposes of this Codes’ enforcement   (415 ILCS 55/9(j))  . 
 
 
   19-6-15     INSPECTION OF COMPLETED WORK.    A water well shall not be 
placed into operation until the installation of the water well and its components have 
been inspected to verify compliance with the applicable provisions of this Code and 
written approval issued by the Health Department.  To the degree practical and 
permitted by the Health Department, the completed installation shall remain 
          
 
 

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uncovered and/or accessible for inspection purposes until approved by the Health 
Department.  If the Health Department, upon inspection of the specified installation or 
component thereof, finds that such work meets the provisions of this Code, the Health 
Department shall approve such work and authorize operation of the water well.   
However, compliance with   Section 19-6-18   shall be obtained prior to utilizing the 
water system for drinking, culinary, and sanitary purposes. 
 
 
   19-6-16     NOTIFICATION FOR INSPECTION.    T h e  H e a l t h  D e p a r t m e n t  
shall be notified at least   forty-eight (48) hours   prior to commencing the construction 
or deepening of a water well for which a permit has been issued.  The Health 
Department shall also be notified at least   forty-eight (48) hours   prior to sealing of an 
abandoned water well at which time a date for inspection will be arranged.  It shall be 
the responsibility of the Water Well Contractor to notify the Health Department as 
required. 
 
 
   19-6-17     SUSPENSION OF PERMIT.    Upon inspection by the Health 
Department, if it is found that any provisions of this Code or any permit specifications 
for a stated property have been violated, the Health Department shall notify the 
installer to make such specified changes in the work to allow compliance with the 
provisions of this Code and the permit.  If such changes are not made within a period of 
time specified by the Health Department, said permit shall be suspended, and it shall be 
unlawful to place the water well into operation. 
 
 
   19-6-18   DISINFECTION AND ANALYSIS.    All components of a new 
water well construction and/or modification shall be disinfected with a strong chlorine 
solution which will yield a dosage of at least   one hundred (100)   parts per million to 
the water in the well.  After purging the system of any chlorine residual, a water sample 
shall be taken and satisfactory bacteriological results, as confirmed by a certified 
laboratory, shall be obtained prior to utilizing the water system for drinking, culinary 
and sanitary purposes.  A certified laboratory shall mean a laboratory operated by the 
Illinois Department of Public Health or a laboratory given certification approval by the 
aforementioned agency for analyzing samples of water for potable use. 
 
 
 19-6-19   CONTINUING   ANALYSIS.    It shall be the duty of every owner of 
every water well serving a semi-private water system for more than   one (1)   residence 
to have the water therein bacteriologically analyzed by a certified laboratory as required 
by the Health Department for the protection of public health.  Such water shall be 
bacteriologically analyzed whenever the water lines are opened up for 
          
 
 

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repair, replacement, or extension of the water distribution system.  The water from a 
semi-private water system shall meet the nitrate, chemical and bacteriological 
requirements contained in the “Drinking Water Systems Code”. 
 
 
   19-6-20   ISSUANCE OF NOTICE.    Whenever the Health Department 
determines that a violation of any provision of this Code has occurred, the Health 
Department shall give notice to the person responsible for such violation.  This notice 
shall: 
   (A)      Be in writing; 
 (B)    Include   a   statement of the reasons for issuance of the notice; 
   (C)      Allow reasonable time as determined by the Health Department for 
performance of any act is requires; 
   (D)     Be served upon the person responsible for the violation(s); 
provided that such notice shall have been properly served upon the person responsible 
for the violations when a copy thereof has been sent by registered or certified mail to 
his last known address as furnished to the Health Department or when he has been 
served with such notice by any other method authorized by laws of this State; and 
   (E)      Contain an outline of remedial action which is required to effect 
compliance with this Code. 
   It shall not be a prerequisite to enforcement of the penalty provisions of this 
Code that the Health Department first utilizes the notice procedure set forth in this 
Code. 
 
 
 19-6-21   HEARINGS. 
   (A)    Hearings Before the Health Department.    Any person affected 
by any order or notice issued by the Health Department in connection with enforcement 
of this Code, 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 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 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.  The Health Authority shall 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 as a matter of public record.  Any person 
aggrieved by the decision of the Health Authority may seek relief 
          
 
 

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therefrom through a hearing before the Board of Health.  A transcript of the record 
shall be provided at the request and at the expense of the person requesting the 
hearing. 
 (B)      Hearing Before the Board of Health.    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 before the Board of Health 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 the public health would be adequately protected and 
substantial justice done by granting a variance from the decision of the Health 
Authority, the Board of Health may grant a variance.  The Board of Health shall 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.  A transcript of the record shall be provided at the request and at the expense of 
the person requesting the hearing.  All witnesses called shall be required to testify 
under sworn oath.  An appeal from the decision of the Board of Health may be made to 
the Circuit Court of St. Clair County, pursuant to the provisions of the “Administrative 
Review Act” in force and effect at that time in the State of Illinois. 
 
 
   19-6-22     PENALTY.   
   (A)      Any person who violates any provision of this Code or any rule or 
regulation adopted by St. Clair County or the State of Illinois, or who violates any 
determination or order of the Health Department under this Section, shall, upon 
conviction, be fined a sum of not less than   One Hundred Dollars ($100.00)  .  Each 
day’s violation constitutes a separate offense. 
   (B)      The State’s Attorney of St. Clair County may bring such actions in 
the name of the People of the State of Illinois; or may bring such actions in the name of 
the People of the State of Illinois; or may in addition to other remedies provided in this 
S e c t i o n ,  b r i n g  a c t i o n  f o r  a n  i n j u n c t i o n  t o  r e s t r a i n  s u c h  v i o l a t i o n ,  o r  t o  e n j o i n  t h e  
operation of any establishment.  Additionally, any person who violates any provision of 
this Code may be penalized in accordance with State of Illinois, Illinois Groundwater 
Protection Act   (415 ILCS 55/9(t))  . 
          
 
 

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