HB4850 93RD GENERAL ASSEMBLY

LRB093 19643 BDD 45384 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4850

Introduced 02/04/04, by Ricca Slone

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.625 new
225 ILCS 225/4	from Ch. 111 1/2, par. 116.304
225 ILCS 225/8	from Ch. 111 1/2, par. 116.308

Amends the Private Sewage Disposal Licensing Act. Provides that any person who constructs, installs, modifies, repairs, maintains, operates, or services a private sewage disposal system or transports and disposes of waste removed from the private sewage disposal system is subject to the Environmental Protection Act and its rules in addition to the Private Sewage Disposal Licensing Act and the private sewage disposal code. Provides that no person or private sewage disposal system contractor may install a surface discharging private sewage disposal system, unless the Department of Public Health determines that no feasible alternative to the surface discharging private sewage disposal system is available and the owner of the system fulfills specified requirements. Requires the Department to amend the private sewage disposal code. Provides that no person may operate a surface discharging private sewage disposal system, unless specified conditions are met. Provides for deposit of fees collected under the Act into the Private Sewage Disposal Program Fund. Prohibits the Department from issuing approval of a new surface discharge system on a property platted or recorded after July 1, 2005, unless the Department of Public Health determines that no feasible alternative to the surface discharging private sewage disposal system is available and the owner of the system fulfills specified requirements. Adds to and amends the list of powers and duties of the Department of Public Health under the Act. Amends the State Finance Act to create the Private Sewage Disposal Program Fund as a special fund in the State treasury. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning sewage disposal.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 5.625 as follows:

(30 ILCS 105/5.625 new)

Sec. 5.625. The Private Sewage Disposal Program Fund.

Section 10. The Private Sewage Disposal Licensing Act is amended by changing Sections 4 and 8 as follows:

(225 ILCS 225/4) (from Ch. 111 1/2, par. 116.304)

Sec. 4. (a) After January 1, 1974, no person or private sewage disposal system contractor may construct, install, modify, repair, maintain, operate, or service a private sewage disposal system or transport and dispose of waste removed therefrom, in such a manner that does not comply with the requirements of this Act, the Illinois Environmental Protection Act, the applicable rules adopted pursuant to the Illinois Environmental Protection Act, and the private sewage disposal code promulgated hereunder by the Department. A person who owns and occupies a single family dwelling and who constructs, installs, maintains, services or cleans the private sewage disposal system which serves his single family residence shall not be required to be licensed under this Act, however, such person shall comply with all other provisions of this Act and the private sewage disposal code promulgated hereunder by the Department.

Any person who constructs, installs, repairs, modifies, or maintains a private sewage disposal system, other than a system which serves his own single family residence, shall be licensed by the Department as a Private Sewage System Installation Contractor and any person who cleans or pumps waste from a private sewage disposal system, other than a system which serves his own single family residence, or hauls or disposes of wastes removed therefrom shall be licensed by the Department as a Private Sewage Disposal System Pumping Contractor in accordance with this Act.

(b) No new private sewage disposal system shall be installed by any person until drawings, specifications and other information requested by the Department are submitted to and reviewed by the Department and found to comply with the private sewage disposal code, and until approval for the installation of such system is issued by the Department.

(c) The licensing requirements of this Act shall not apply to any person who cleans or pumps, hauls or disposes of waste from chemical toilets located in an underground coal mine. This waste shall be (i) transported to and disposed of at a sewage treatment facility permitted by the Illinois Environmental Protection Agency and located on the mine property, or (ii) stored on-site in a sanitary manner pending removal and subsequent disposal by a licensed private sewage disposal pumping contractor.

(d) Beginning July 1, 2005, no person or private sewage disposal system contractor may install a surface discharging private sewage disposal system, unless the Department determines that no feasible alternative to the surface discharging private sewage disposal system is available and the owner of the system fulfills the requirements stated in this subsection and rules adopted pursuant this subsection. Before July 1, 2005, the Department shall amend the private sewage disposal code. The amendments shall include conditions and criteria under which the Department may determine that no feasible alternative to a surface discharge is available. The Department shall do all of the following when establishing rules to determine that no feasible alternative is available:

(1) Revise the private sewage disposal code to encourage the connection of properties to decentralized cluster systems or public sewers.

(2) Establish that soil evaluations shall be conducted to determine if any combination of soil texture, structure, topography, limiting layer, and permeability may be used to support the use of a subsurface seepage system.

(3) Consider all available private sewage disposal system technologies before allowing a new surface discharge system.

(4) Establish procedures to approve designs capable of meeting specific and measurable performance requirements to expedite the reduction of surface discharge systems.

(5) Establish and require effluent reduction methods when a surface discharge system is approved.

(6) Establish requirements to minimize surface discharges that cross property lines, create nuisances, and may create mosquito breeding areas that foster diseases such as West Nile Virus and other mosquito borne diseases.

(e) Beginning July 1, 2005, no person may operate a surface discharging private sewage disposal system, unless all of the following conditions are met:

(1) The owner provides for the operation and maintenance of the system by licensed and qualified persons pursuant to rules adopted by the Department.

(2) Monitoring of the discharge is conducted.

(3) The owner or operator has applied for and received a National Pollutant Discharge Elimination System Permit.

(4) The effluent quality meets the applicable limitations of State and federal laws and rules.

Before July 1, 2005, the Department shall amend the private sewage disposal code to include criteria for the maintenance, operation, and monitoring of surface discharging private sewage disposal systems installed or operated pursuant to subsection (d).

(f) There is hereby created in the State treasury a special fund to be known as the Private Sewage Disposal Program Fund. All fees collected by the Department for exams, licenses, permits, and fines in accordance with this Act shall be deposited into the Fund and shall be appropriated by the General Assembly to the Department. Gifts, grants, and moneys from other governmental agencies may be deposited into the Fund. Subject to appropriation, moneys from this Fund shall be used by the Department to administer this Act, including establishing and maintaining an NPDES Permit Program in conjunction with the Illinois Environmental Protection Agency and supporting private sewage disposal education and training. Interest generated by this Fund shall be returned to the Fund. Monies in the Fund shall be appropriated and used only for the purposes stated in this Act.

(g) The Department shall not issue approval of a new surface discharging private sewage disposal system on any property platted or recorded after July 1, 2005, unless the Department determines that no feasible alternative to the surface discharging private sewage disposal system is available and the owner of the system fulfills the requirements stated in subsection (d) and rules adopted pursuant that subsection. Assurance that connection to a public sewer, decentralized cluster system, community sewer, or an individual subsurface private sewage disposal system with a dedicated alternative area shall be provided for newly platted property, unless the Department determines that no feasible alternative to the surface discharging private sewage disposal system is available and the owner of the system fulfills the requirements stated in subsection (d) and rules adopted pursuant that subsection.

(h) In order to assure that the analysis of wastewater samples submitted for NPDES permit compliance and for other performance compliance is conducted properly, laboratories that conduct wastewater testing shall be certified by the Environmental Protection Agency to conduct this wastewater analysis.

(i) It is the intent of this amendatory Act of the 93rd General Assembly that (i) the number of new surface discharging systems permitted by the Department be reduced to as few as possible and (ii) the Department establish a program for existing private sewage disposal systems with surface discharges on or before July 1, 2005.

(Source: P.A. 86-1195.)

(225 ILCS 225/8) (from Ch. 111 1/2, par. 116.308)

Sec. 8. In addition to promulgating and publishing the private sewage disposal code, the Department has the following powers and duties:

(1) Make such inspections as are necessary to determine satisfactory compliance with this Act and the private sewage disposal code.

(2) Cause investigations to be made when a violation of any provisions of this Act or the private sewage disposal code is reported to the Department.

(3) Subject to constitutional limitations, by its representatives after identification, enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the administration and enforcement of this Act and the private sewage disposal code.

(4) Institute or cause to be instituted legal proceedings in the circuit court by the State's Attorney of the county where such non-compliance occurred or by the Attorney General of the State of Illinois in cases of non-compliance with the provisions of this Act and the private sewage disposal code.

(5) Authorize the trial or experimental use of new innovative systems for private sewage disposal, upon such conditions as the Department may set.

(6) Adopt minimum performance standards for private sewage disposal system contractors.

(7) Issue an annual license to every applicant who complies with the requirements of this Act and the private sewage disposal code and who pays the required annual license fee.

(8) Collect an annual license fee in an amount determined by the Department from each licensee contractor and any examination and reinstatement fees.

(9) Prescribe rules of procedure for hearings following denial, suspension or revocation of licenses as provided in this Act.

(10) Issue permits for the construction, installation, operation, maintenance, monitoring, and management of onsite wastewater treatment systems and shall establish a fee for each permit issued. Operation, maintenance, monitoring, and management permits shall include performance requirements.

(11) Establish performance and maintenance requirements specific to individual systems.

(12) Establish procedures to approve designs capable of meeting specific and measurable performance requirements.

(13) Require approved contingency plans to prevent catastrophic failures.

(14) Administer a program for limited term operating permits that are renewable upon documented compliance with permit conditions and require system inspections at the time of operating permit renewal.

(15) Establish and administer a program for time of sale and change in use inspections.

(16) Administer a program for periodic compliance monitoring and reporting.

(17) Maintain a construction permit file including site evaluation, design, installation, inspection reports, and record drawings of systems.

(18) Establish and administer a tracking system for operating permits and residuals hauling and disposal and establish fees for implementing this system.

(19) Establish standards for surface and subsurface discharges from private sewage disposal systems.

(Source: P.A. 85-1261.)

Section 99. Effective date. This Act takes effect upon becoming law.