McHenry County committee sustains four violations over unpermitted septic work at 8605 Madison Street, allows 30 days for licensed assessment

The McHenry County Environmental Health Committee on a voice vote sustained four violations tied to unpermitted work and operational concerns with the private sewage disposal system serving 8605 Madison Street in Crystal Lake, but ruled the matter may be reconsidered if the property owner provides a licensed professional's assessment within 30 days.

The committee sustained the violations after hearing testimony from the property owner, who said the pumps and improvised piping had been removed and that the system had not required pumping for seven months. Patty Noem, director of environmental health, presented site photos and a chronology of staff inspections that documented disturbed soils, a pump placed inside a dry well, effluent levels above normal, and unpermitted piping leading to an unknown discharge location by the garage. Noem said staff had issued orders to uncover components, a notice of violation, and a final notice after the owner failed to produce timely licensed evaluations.

Why this matters: Committee members said the evidence of unpermitted repairs and prior effluent discharge justified sustaining the violations to protect public health and ensure work on private sewage disposal systems is performed and documented by licensed professionals. The committee added a 30-day deadline for the owner to engage a licensed, qualified designer to (1) evaluate the extent of unpermitted modifications, (2) provide an operational assessment of the existing system, and (3) document any recommended corrective work. Staff will monitor the site and escalate enforcement if the assessment is not delivered or if the system fails in the interim.

Staff's case and evidence Patty Noem told the committee that county records show a system composed of a septic tank and two brick-lined dry wells (a now-obsolete technology). Staff received an initial complaint on Nov. 18 alleging unpermitted work. Inspectors observed periodic discharge to the ground surface (which staff regard as a malfunctioning system), disturbed soil consistent with recent excavation and piping, and photos showing a pump placed into a dry well and later removed. Community Sewer and Septic (contractor Tom, named in staff correspondence) pumped system components and documented elevated effluent levels. Noem said the system had been inadequately uncovered on several site visits, limiting staff's ability to determine where unpermitted piping led.

Owner's account The property owner, speaking to the committee, said he and his family have owned properties locally for decades and that, after the pump was removed and licensed pumping was performed in November/December, the system had not produced further complaints. He said multiple prior tenants and a backyard pool may have contributed to overloading the system in the past, and he disputed that the system currently constituted a nuisance. He also said he was willing to have a licensed professional evaluate the system but questioned the need for broad excavation unless necessary.

Technical context and potential outcomes Staff noted that older dry-well systems were commonly installed decades ago and typically are undersized by current standards; the Illinois Department of Public Health guidelines and local practice often require larger tanks (modern minimums are cited at roughly 1,000 gallons for many installations) and engineered leach fields. Noem described common causes of poor performance as hydraulic overloading (excess occupants or uses beyond the system's design capacity) or simple age-related failure. If the licensed evaluation concludes the system must be replaced, the property owner would then need to pursue replacement through the county's permitting and design review processes; failure to comply would lead to escalated enforcement, potentially including court action.

Committee action and next steps Committee member Kyle Markson moved to sustain all four violations and, with an amendment accepted on the floor, added a 30-day window for the owner to provide the requested licensed professional evaluation and operational assessment. The committee voted by voice to sustain the violations with that condition and voted to forward a recommendation to the full Board of Health reflecting the sustained findings pending the 30-day assessment. Noem said staff will monitor the property during the 30-day period and will escalate enforcement immediately if the system shows signs of acute failure.

Quotes "We want the case dismissed as possible because we had tenants that' were troubled tenants," the petitioner said, describing tenant behavior and earlier disruptions. Patty Noem said staff had observed "disturbed soils" and "effluent levels in the structures were high," and reiterated that "unpermitted repairs were made" and that only licensed individuals may perform work on a private sewage disposal system in McHenry County.

What comes next The petitioner has 30 days to retain a licensed, qualified designer/contractor to evaluate and document the system's condition and any unpermitted modifications; the department will pause escalation while it reviews the assessment. The committee recommended the sustained findings to the full Board of Health for a final action. If the owner does not meet the 30-day requirement or if inspections show ongoing failure, staff said they will escalate the matter to formal enforcement channels.