HB5838 94TH GENERAL ASSEMBLY

LRB094 21627 RAS 60008 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5838

Introduced 09/29/06, by Rep. Kurt M. Granberg

SYNOPSIS AS INTRODUCED:

225 ILCS 225/3	from Ch. 111 1/2, par. 116.303
225 ILCS 225/4	from Ch. 111 1/2, par. 116.304

Amends the Private Sewage Disposal Licensing Act. Defines "Off-Lot Discharging Private Sewage Disposal System". Provides that every owner of an off-lot discharging private sewage disposal system must file a "Notice of Intent" with the Department of Public Health to allow coverage of the system under the blanket National Pollutant Discharge Elimination System (NPDES) permit of the State. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Private Sewage Disposal Licensing Act is amended by changing Sections 3 and 4 as follows:

(225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)

Sec. 3. As used in this Act, unless the context otherwise requires:

(1) "Domestic Sewage" means waste water derived principally from dwellings, business or office buildings, institutions, food service establishments, and similar facilities.

(2) "Director" means Director of the Illinois Department of Public Health.

(3) "Department" means the Illinois Department of Public Health.

(4) "Human Wastes" means undigested food and by-products of metabolism which are passed out of the human body.

(5) "Person" means any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, the State of Illinois or any Department thereof, or any other entity.

(6) "Population Equivalent" means an average waste loading equivalent to that produced by one person which is defined as 100 gallons per day.

(7) "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.

(8) "Private Sewage Disposal System Installation Contractor" means any person constructing, installing, repairing, modifying, or maintaining private sewage disposal systems.

(9) "Property Owner" means the person in whose name legal title to the real estate is recorded.

(10) "Waste" means either human waste or domestic sewage or both.

(11) "Private Sewage Disposal System Pumping Contractor" means any person who cleans or pumps waste from a private sewage disposal system or hauls or disposes of wastes removed therefrom.

(12) "Off-Lot Discharging Private Sewage Disposal System" means any private sewage disposal system having a surface discharge that leaves the property or directly enters the navigable waters of the State or surface waters that are tributary to navigable waters of the State.

(Source: P.A. 84-670.)

(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, 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 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) Every owner of an off-lot discharging private sewage disposal system must file a "Notice of Intent" with the Department to allow coverage of the system under the blanket National Pollutant Discharge Elimination System (NPDES) permit of the State. The owner of any private sewage disposal system that has a surface discharge that does not leave the property or directly enter the navigable waters of the State or surface waters that are tributary to navigable waters of the State is not required to file a Notice of Intent or meet other NPDES permit requirements.

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

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