Rep. Michael Tryon
Filed: 3/29/2007
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1 | AMENDMENT TO HOUSE BILL 3728
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2 | AMENDMENT NO. ______. Amend House Bill 3728 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Private Sewage Disposal Licensing Act is | ||||||
5 | amended by changing Sections 3 and 7 As follows:
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6 | (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
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7 | Sec. 3. As used in this Act, unless the context otherwise | ||||||
8 | requires: | ||||||
9 | (1) "Domestic Sewage" means waste water derived | ||||||
10 | principally from
dwellings, business or office buildings, | ||||||
11 | institutions, food service
establishments, and similar | ||||||
12 | facilities.
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13 | (2) "Director" means Director of the Illinois Department of | ||||||
14 | Public Health.
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15 | (3) "Department" means the Illinois Department of Public | ||||||
16 | Health.
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1 | (4) "Human Wastes" means undigested food and by-products of | ||||||
2 | metabolism
which are passed out of the human body.
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3 | (5) "Person" means any individual, group of individuals, | ||||||
4 | association,
trust, partnership, corporation, person doing | ||||||
5 | business under an assumed
name, the State of Illinois or any | ||||||
6 | Department thereof, or any other entity.
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7 | (6) "Population Equivalent" means an average waste loading | ||||||
8 | equivalent to
that produced by one person which is defined as | ||||||
9 | 100 gallons per day.
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10 | (7) "Private Sewage Disposal System" means any sewage | ||||||
11 | handling or
treatment facility receiving domestic sewage from | ||||||
12 | less than 15 people or
population equivalent and having a | ||||||
13 | ground surface discharge or any sewage
handling or treatment | ||||||
14 | facility receiving domestic sewage and having no
ground surface | ||||||
15 | discharge.
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16 | (8) "Private Sewage Disposal System Installation | ||||||
17 | Contractor" means
any person constructing, installing, | ||||||
18 | repairing, modifying, or
maintaining private sewage disposal | ||||||
19 | systems.
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20 | (9) "Property Owner" means the person in whose name legal | ||||||
21 | title to the
real estate is recorded.
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22 | (10) "Waste" means either human waste or domestic sewage or | ||||||
23 | both.
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24 | (11) "Private Sewage Disposal System Pumping Contractor" | ||||||
25 | means any
person who cleans or pumps waste from a private | ||||||
26 | sewage disposal system or
hauls or disposes of wastes removed |
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1 | therefrom.
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2 | (12) "NPDES" means the National Pollutant Discharge | ||||||
3 | Elimination System.
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4 | (13) "Surface Discharging Septic System" means a septic | ||||||
5 | system that discharges liquid waste directly or indirectly to a | ||||||
6 | collection tile, a natural drainage way, or the waters of the | ||||||
7 | State. | ||||||
8 | (Source: P.A. 84-670 .)
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9 | (225 ILCS 225/7) (from Ch. 111 1/2, par. 116.307)
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10 | Sec. 7. (a) The Department shall promulgate and publish and | ||||||
11 | may from time to time
amend a private sewage disposal code | ||||||
12 | which shall include minimum standards
for the design, | ||||||
13 | construction, materials, operation and maintenance of
private | ||||||
14 | sewage disposal systems, for the transportation and disposal of
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15 | wastes removed therefrom and for private sewage disposal system | ||||||
16 | servicing
equipment. In the preparation of the private sewage | ||||||
17 | disposal code, the
Department may consult with and request | ||||||
18 | technical assistance from other
state agencies, and shall | ||||||
19 | consult with other technically qualified
persons
and with | ||||||
20 | owners and operators of such services.
Such technically | ||||||
21 | qualified persons shall include representatives of the real
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22 | estate, development, and building industries.
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23 | (b) The Department is expressly prohibited from amending | ||||||
24 | the private sewage
disposal code by rule if there are increases | ||||||
25 | in the land density requirements.
Amendments that increase the |
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1 | land density requirements must be approved by the
Illinois | ||||||
2 | General Assembly.
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3 | (c) Beginning January 1, 2009, a surface discharging septic | ||||||
4 | system that enters waters of the State shall not be installed | ||||||
5 | by any person without the issuance of a coverage letter under a | ||||||
6 | general NPDES permit issued by the Illinois Environmental | ||||||
7 | Protection Agency, and the private sewage disposal code must be | ||||||
8 | so amended.
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9 | (d) Except as provided in subsection (c) of this Section, | ||||||
10 | before
Before the adoption or amendment of the private sewage | ||||||
11 | disposal code,
the Department shall hold a public hearing with | ||||||
12 | respect thereto. At least
20 days' notice for such public | ||||||
13 | hearing shall be given by the Department in
such manner as the | ||||||
14 | Department considers adequate to bring such hearing to
the | ||||||
15 | attention of persons interested in such code. Notice of such | ||||||
16 | public
hearing shall be given by the Department to those who | ||||||
17 | file a request for a
notice of any such hearings.
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18 | (Source: P.A. 88-690, eff. 1-24-95.)
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19 | Section 10. The Environmental Protection Act is amended by | ||||||
20 | changing Sections 11 and 12 and by adding Section 3.487 as | ||||||
21 | follows: | ||||||
22 | (415 ILCS 5/3.487 new)
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23 | Sec. 3.487. Surface discharging septic system. "Surface | ||||||
24 | discharging septic system" means a septic system that |
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1 | discharges liquid waste directly or indirectly to a collection | ||||||
2 | tile, a natural drainage way, or the waters of the State.
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3 | (415 ILCS 5/11) (from Ch. 111 1/2, par. 1011)
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4 | Sec. 11. (a) The General Assembly finds:
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5 | (1) that pollution of the waters of this State constitutes | ||||||
6 | a menace
to public health and welfare, creates public | ||||||
7 | nuisances, is harmful to
wildlife, fish, and aquatic life, | ||||||
8 | impairs domestic, agricultural,
industrial, recreational, and | ||||||
9 | other legitimate beneficial uses of water,
depresses property | ||||||
10 | values, and offends the senses;
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11 | (2) that the Federal Water Pollution Control Act, as now or | ||||||
12 | hereafter amended,
provides for a National Pollutant Discharge | ||||||
13 | Elimination System (NPDES)
to regulate the discharge of | ||||||
14 | contaminants to the waters of the United States;
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15 | (3) that the Safe Drinking Water Act (P.L. 93-523), as | ||||||
16 | amended, provides
for an Underground Injection Control (UIC) | ||||||
17 | program to regulate the underground
injection of contaminants;
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18 | (4) that it would be inappropriate and misleading for the | ||||||
19 | State of Illinois
to issue permits to contaminant sources | ||||||
20 | subject to such federal law, as
well as State law, which do not | ||||||
21 | contain such terms and conditions as are
required by federal | ||||||
22 | law, or the issuance of which is contrary to federal law;
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23 | (5) that the Federal Water Pollution Control Act, as now or | ||||||
24 | hereafter amended,
provides that NPDES permits shall be issued | ||||||
25 | by the United States
Environmental Protection Agency unless (a) |
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1 | the State is authorized by and
under its law to establish and | ||||||
2 | administer its own permit program for discharges
into waters | ||||||
3 | within its jurisdiction, and (b) pursuant to such federal Act,
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4 | the Administrator of the United States Environmental | ||||||
5 | Protection Agency approves
such State program to issue permits | ||||||
6 | which will implement the provisions
of such federal Act;
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7 | (6) that Part C of the Safe Drinking Water Act (P.L. | ||||||
8 | 93-523), as amended,
provides that the United States | ||||||
9 | Environmental Protection Agency shall implement
the UIC | ||||||
10 | program authorized therein unless (a) the State is authorized | ||||||
11 | by
and under its law to establish and administer its own UIC | ||||||
12 | program, and (b)
pursuant to such federal Act, the | ||||||
13 | Administrator of the United States
Environmental Protection | ||||||
14 | Agency approves such State program which will
implement the | ||||||
15 | provisions of such federal Act;
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16 | (7) that it is in the interest of the People of the State | ||||||
17 | of Illinois
for the State to authorize such NPDES and UIC | ||||||
18 | programs and secure federal
approval thereof, and thereby to | ||||||
19 | avoid the existence of duplicative,
overlapping or conflicting | ||||||
20 | state and federal statutory permit systems;
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21 | (8) that the federal requirements for the securing of such
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22 | NPDES and UIC permit program approval, as set forth in the | ||||||
23 | Federal Water
Pollution Control Act, as now or hereafter | ||||||
24 | amended,
and in the Safe
Drinking Water Act (P.L. 93-523), as | ||||||
25 | amended, respectively, and in regulations
promulgated by the | ||||||
26 | Administrator of the United States Environmental Protection
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1 | Agency pursuant thereto are complex and detailed, and the | ||||||
2 | General Assembly
cannot conveniently or advantageously set | ||||||
3 | forth in this Act all the
requirements of such federal Act or | ||||||
4 | all regulations which may be
established thereunder ; and | ||||||
5 | (9) compliance with the federal Clean Water Act dictates | ||||||
6 | that the Illinois Environmental Protection Agency issue a | ||||||
7 | general NPDES permit for surface discharging private sewage | ||||||
8 | disposal systems that discharge into waters of the State .
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9 | (b) It is the purpose of this Title to restore, maintain | ||||||
10 | and enhance the
purity of the waters of this State in order to | ||||||
11 | protect health, welfare,
property, and the quality of life, and | ||||||
12 | to assure that no contaminants are
discharged into the waters | ||||||
13 | of the State, as defined herein, including, but not
limited to, | ||||||
14 | waters to any sewage works, or into any well, or from any | ||||||
15 | source
within the State of Illinois, without being given the | ||||||
16 | degree of treatment
or control necessary to prevent pollution, | ||||||
17 | or without being made subject
to such conditions as are | ||||||
18 | required to achieve and maintain compliance with
State and | ||||||
19 | federal law; and to authorize, empower, and direct the Board to
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20 | adopt such regulations and the Agency to adopt such procedures | ||||||
21 | as will enable
the State to secure federal approval to issue | ||||||
22 | NPDES permits pursuant to
the provisions of the Federal Water | ||||||
23 | Pollution Control Act, as now or
hereafter amended, and federal | ||||||
24 | regulations pursuant thereto and to
authorize, empower, and | ||||||
25 | direct the Board to adopt such regulations and the
Agency to | ||||||
26 | adopt such procedures as will enable the State to secure |
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1 | federal
approval of the State UIC program pursuant to the | ||||||
2 | provisions of Part C of
the Safe Drinking Water Act (P.L. | ||||||
3 | 93-523), as amended, and federal
regulations pursuant thereto.
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4 | (c) The provisions of this Act authorizing implementation | ||||||
5 | of the regulations
pursuant to an NPDES program shall not be | ||||||
6 | construed to limit, affect, impair,
or diminish the authority, | ||||||
7 | duties and responsibilities of the Board, Agency,
Department or | ||||||
8 | any other governmental agency or officer, or of any unit of | ||||||
9 | local
government, to regulate and control pollution of any | ||||||
10 | kind, to restore, to
protect or to enhance the quality of the | ||||||
11 | environment, or to achieve all
other purposes, or to enforce | ||||||
12 | provisions, set forth in this Act or other
State law or | ||||||
13 | regulation.
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14 | (Source: P.A. 86-671.)
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15 | (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
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16 | Sec. 12. Actions prohibited. No person shall:
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17 | (a) Cause or threaten or allow the discharge of any | ||||||
18 | contaminants
into the environment in any State so as to cause | ||||||
19 | or tend to cause water
pollution in Illinois, either alone or | ||||||
20 | in combination with matter from
other sources, or so as to | ||||||
21 | violate regulations or standards adopted by
the Pollution | ||||||
22 | Control Board under this Act.
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23 | (b) Construct, install, or operate any equipment, | ||||||
24 | facility, vessel,
or aircraft capable of causing or | ||||||
25 | contributing to water pollution, or
designed to prevent water |
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1 | pollution, of any type designated by Board
regulations, without | ||||||
2 | a permit granted by the Agency, or in violation of
any | ||||||
3 | conditions imposed by such permit.
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4 | (c) Increase the quantity or strength of any discharge of
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5 | contaminants into the waters, or construct or install any sewer | ||||||
6 | or
sewage treatment facility or any new outlet for contaminants | ||||||
7 | into the
waters of this State, without a permit granted by the | ||||||
8 | Agency.
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9 | (d) Deposit any contaminants upon the land in such place | ||||||
10 | and manner
so as to create a water pollution hazard.
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11 | (e) Sell, offer, or use any article in any area in which | ||||||
12 | the Board
has by regulation forbidden its sale, offer, or use | ||||||
13 | for reasons of water
pollution control.
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14 | (f) Cause, threaten or allow the discharge of any | ||||||
15 | contaminant into
the waters of the State, as defined herein, | ||||||
16 | including but not limited
to, waters to any sewage works, or | ||||||
17 | into any well or from any point
source within the State, | ||||||
18 | without an NPDES permit for point source
discharges issued by | ||||||
19 | the Agency under Section 39(b) of this Act, or in
violation of | ||||||
20 | any term or condition imposed by such permit, or in
violation | ||||||
21 | of any NPDES permit filing requirement established under
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22 | Section 39(b), or in violation of any regulations adopted by | ||||||
23 | the Board
or of any order adopted by the Board with respect to | ||||||
24 | the NPDES program.
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25 | No permit shall be required under this subsection and under | ||||||
26 | Section
39(b) of this Act for any discharge for which a permit |
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1 | is not required
under the Federal Water Pollution Control Act, | ||||||
2 | as now or hereafter
amended, and regulations pursuant thereto.
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3 | For all purposes of this Act, a permit issued by the | ||||||
4 | Administrator of the
United States Environmental Protection | ||||||
5 | Agency under Section 402 of the Federal
Water Pollution Control | ||||||
6 | Act, as now or hereafter amended, shall be deemed
to be a | ||||||
7 | permit issued by the Agency pursuant to Section 39(b) of this | ||||||
8 | Act.
However, this shall not apply to the exclusion from the | ||||||
9 | requirement of an
operating permit provided under Section | ||||||
10 | 13(b)(i).
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11 | Compliance with the terms and conditions of any permit | ||||||
12 | issued under Section
39(b) of this Act shall be deemed | ||||||
13 | compliance with this subsection except
that it shall not be | ||||||
14 | deemed compliance with any standard or effluent limitation
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15 | imposed for a toxic pollutant injurious to human health.
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16 | In any case where a permit has been timely applied for | ||||||
17 | pursuant to Section
39(b) of this Act but final administrative | ||||||
18 | disposition of such application
has not been made, it shall not | ||||||
19 | be a violation of this subsection to discharge
without such | ||||||
20 | permit unless the complainant proves that final administrative
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21 | disposition has not been made because of the failure of the | ||||||
22 | applicant to
furnish information reasonably required or | ||||||
23 | requested in order to process
the application.
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24 | (g) Cause, threaten or allow the underground injection of | ||||||
25 | contaminants
without a UIC permit issued by the Agency under | ||||||
26 | Section 39(d) of this Act,
or in violation of any term or |
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1 | condition imposed by such permit, or in violation
of any | ||||||
2 | regulations or standards adopted by the Board or of any order | ||||||
3 | adopted
by the Board with respect to the UIC program.
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4 | No permit shall be required under this subsection and under | ||||||
5 | Section 39(d)
of this Act for any underground injection of | ||||||
6 | contaminants for which a permit
is not required under Part C of | ||||||
7 | the Safe Drinking Water Act (P.L. 93-523),
as amended, unless a | ||||||
8 | permit is authorized or required under regulations
adopted by | ||||||
9 | the Board pursuant to Section 13 of this Act.
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10 | (h) Introduce contaminants into a sewage works from any | ||||||
11 | nondomestic
source except in compliance with the regulations | ||||||
12 | and standards adopted by
the Board under this Act.
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13 | (i) Install a surface discharging septic system without an | ||||||
14 | NPDES permit issued by the Agency under Section 39 of this Act | ||||||
15 | for such installation, or in
violation of any term or condition | ||||||
16 | imposed by the permit, or in
violation of any NPDES permit | ||||||
17 | filing requirement established under
Section 39 of this Act, or | ||||||
18 | in violation of any regulations adopted by the Board
or of any | ||||||
19 | order adopted by the Board with respect to the NPDES program.
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20 | (Source: P.A. 92-574, eff. 6-26-02.)
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21 | Section 99. Effective date. This Act takes effect June 30, | ||||||
22 | 2008.".
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