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| [ House Amendment 002 ] |
90_HB0552ham001
LRB9002653DPcwam
1 AMENDMENT TO HOUSE BILL 552
2 AMENDMENT NO. . Amend House Bill 552 by replacing
3 the title with the following:
4 "AN ACT to amend the Private Sewage Disposal Licensing
5 Act by changing Section 10 and adding Section 10.5."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Private Sewage Disposal Licensing Act
9 is amended by changing Section 10 and adding Section 10.5 as
10 follows:
11 (225 ILCS 225/10) (from Ch. 111 1/2, par. 116.310)
12 Sec. 10. Local regulation. This Act does not prohibit
13 the enforcement of ordinances of units of local government
14 (1) establishing a system for the regulation and inspection
15 of private sewage disposal contractors that is at least equal
16 to State regulation and inspection and (2) adopting the a
17 minimum code of standards as promulgated by the Department
18 under Section 7 for design, construction, materials,
19 operation and maintenance of private sewage disposal systems,
20 for the transportation and disposal of wastes therefrom and
21 for private sewage disposal systems servicing equipment,
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1 provided such ordinance establishes a system at least equal
2 to State regulation and inspection.
3 Such units of local government that who wish to be
4 approved, shall submit a copy of the such ordinance including
5 all amendments, to the Department requesting approval for the
6 ordinance such system of regulation and inspection. If the
7 ordinance such plan is approved by the Department the
8 ordinance shall prevail in lieu of the State licensure, fee
9 and inspection program, and the Department shall issue
10 written approval.
11 A unit of local government may seek approval from the
12 Department to regulate private sewage disposal systems under
13 an ordinance deviating from specific sections of the State
14 code developed under Section 7 to address a special technical
15 or environmental condition that will affect the public
16 health. The request for deviation from a code section shall
17 be made to the Department in writing. A unit of local
18 government shall submit a separate request for approval for
19 each code section from which it seeks to deviate. In
20 addition, the Department shall conduct a public hearing on
21 the appropriateness of each request. If the evidence
22 presented at the public hearing demonstrates a public health
23 need and that the ordinance is more protective of public
24 health, the Department may approve the special requirements.
25 Not less than once every 3 years each year the Department
26 shall evaluate a unit of local government's the program to
27 determine whether the such program is being operated in
28 accordance with the approved provisions of existing
29 ordinances. If the Department finds after investigation that
30 such program is not in accordance with the approved program
31 or is not being enforced, the Director shall give written
32 notice of the findings to the chief administrative officer of
33 such unit of local government. If the Department thereafter
34 finds, not less than 30 days after providing the giving of
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1 such notice that the program is not being conducted in a
2 manner consistent with existing ordinances, the Director
3 shall give written notice of his or her such findings to the
4 chief administrative officer of the unit of local government,
5 and after administrative hearing as provided in this Act, all
6 persons then operating under the such unit of local
7 government shall be immediately subject to the State
8 licensure, fee, and inspection program.
9 (225 ILCS 225/10.5 new)
10 Sec. 10.5. Advisory Commission.
11 (a) There is hereby created the Advisory Commission on
12 Private Sewage Disposal, which shall consist of 15 members to
13 be appointed from time to time by the Director. Of the
14 initial appointments, 5 members shall be appointed to serve a
15 one-year term, 5 members to serve a 2-year term, and 5
16 members to serve a 3-year term. The Advisory Commission
17 shall be comprised of at least one representative of each of
18 the following: the Home Builders Association of Illinois,
19 the Illinois Association of Realtors, the Illinois
20 Environmental Protection Agency, the Illinois Environmental
21 Health Association, the Onsite Wastewater Professionals of
22 Illinois, Inc., the Illinois Association of Local
23 Environmental Health Administrators, the Illinois Precast
24 Concrete Association, the Illinois Land Improvement
25 Contractors Association, and the Illinois Onsite Wastewater
26 Association. The Director shall appoint one member to serve
27 as chairperson.
28 (b) The Advisory Commission shall advise and aid the
29 Director in:
30 (1) reviewing and suggesting changes to the State
31 code developed under Section 7, including but not limited
32 to proposing performance-based standards for the design,
33 construction, operation, and maintenance of private
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1 sewage disposal systems;
2 (2) propose methods for funding private sewage
3 disposal services and for reimbursement of units of local
4 government for expenses incurred in administering this
5 Act as agents of the State;
6 (3) examining the need for more stringent licensing
7 requirements under this Act, including but not limited to
8 an apprenticeship program as a condition of original
9 licensure and the issuance of advanced skill licenses;
10 (4) developing continuing education requirements
11 for persons licensed under this Act;
12 (5) considering the need for continuing testing
13 programs for private sewage disposal systems;
14 (6) developing a research and development program
15 to examine private sewage disposal issues that affect
16 public health and examining funding options for the
17 program;
18 (7) developing a training center to educate all
19 persons interested in learning more about onsite sewage
20 disposal and to work with universities to provide that
21 education;
22 (8) developing an experimental use permit program
23 to set criteria for testing and reviewing new systems or
24 innovative systems or devices and to consider oversight
25 of this program by the Advisory Commission;
26 (9) examining the need for a uniform State license
27 to install, construct, maintain, or operate systems or to
28 pump, haul, or dispose of septage without the need for a
29 license from a unit of local government; and
30 (10) performing other duties from time to time on
31 the request of the Director.
32 (c) The Advisory Commission shall submit an annual
33 report to the Director regarding its findings and
34 recommendations under subsection (b).
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1 (d) Members of the Advisory Commission may be reimbursed
2 for actual and necessary expenses incurred in the performance
3 of their duties under this Act.
4 (e) Members of the Advisory Commission shall be immune
5 from suit in any action based on an act performed in good
6 faith as a member of the Advisory Commission.
7 (f) The Advisory Commission shall meet at least
8 semi-annually.
9 (g) A State officer, department, board, agency,
10 division, or commission or a unit of local government may
11 provide a service to the Advisory Commission that is (1)
12 requested by the Advisory Commission and (2) within the scope
13 of the person's or entity's governmental functions as
14 established by law.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law, except that the changes made by this amendatory
17 Act of 1997 to Sec. 10 of the Private Sewage Disposal
18 Licensing Act take effect July 1, 1998.".