Sen. Pamela J. Althoff
Filed: 7/19/2007
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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 Section 8 as follows:
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6 | (225 ILCS 225/8) (from Ch. 111 1/2, par. 116.308)
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7 | Sec. 8.
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8 | (a) In addition to promulgating and publishing the private | ||||||
9 | sewage disposal
code, the Department has the following powers | ||||||
10 | and duties:
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11 | (1) Make such inspections as are necessary to determine | ||||||
12 | satisfactory
compliance with this Act and the private | ||||||
13 | sewage disposal code.
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14 | (2) Cause investigations to be made when a violation of | ||||||
15 | any provisions
of this Act or the private sewage disposal | ||||||
16 | code is reported to the
Department.
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1 | (3) Subject to constitutional limitations, by its | ||||||
2 | representatives after
identification, enter at reasonable | ||||||
3 | times upon private or public property
for the purpose of | ||||||
4 | inspecting and investigating conditions relating to the
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5 | administration and enforcement of this Act and the private | ||||||
6 | sewage disposal
code.
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7 | (4) Institute or cause to be instituted legal | ||||||
8 | proceedings in the circuit
court by the State's Attorney of | ||||||
9 | the county where such non-compliance
occurred or by the | ||||||
10 | Attorney General of the State of Illinois in cases of
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11 | non-compliance with the provisions of this Act and the | ||||||
12 | private sewage
disposal code.
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13 | (5) Evaluate all Experimental Use Permits in existence | ||||||
14 | on the effective date of this amendatory Act of the 95th | ||||||
15 | General Assembly in accordance with the established | ||||||
16 | conditions of approval for each permit. After the date of | ||||||
17 | approval, the Department shall not issue any new | ||||||
18 | Experimental Use Permits, but may instead issue site | ||||||
19 | specific approval for performance based systems in | ||||||
20 | accordance with this Section
Authorize the trial or | ||||||
21 | experimental use of new innovative systems
for private | ||||||
22 | sewage disposal, upon such conditions as the Department may
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23 | set .
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24 | (6) Adopt minimum performance standards for private | ||||||
25 | sewage disposal
system contractors.
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26 | (7) Issue an annual license to
every applicant who |
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1 | complies with the requirements of this Act and the
private | ||||||
2 | sewage disposal code and
who pays the required annual | ||||||
3 | license fee.
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4 | (8) Collect an annual license fee in an amount | ||||||
5 | determined by the
Department from each contractor and any | ||||||
6 | examination and
reinstatement fees.
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7 | (9) Prescribe rules of procedure for hearings | ||||||
8 | following denial,
suspension or revocation of licenses as | ||||||
9 | provided in this Act.
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10 | (10) The Department may review alternative technology | ||||||
11 | and operational data from the appropriate state agency of | ||||||
12 | another state, from another government entity, or from an | ||||||
13 | independent testing organization to determine whether | ||||||
14 | approval of components or private sewage disposal systems | ||||||
15 | within the State is appropriate. The request for approval | ||||||
16 | shall be made on forms approved by the Department.
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17 | (b) The Director shall authorize the use of appropriate new | ||||||
18 | innovative wastewater treatment systems to best protect public | ||||||
19 | health, the environment, and the natural resources of the | ||||||
20 | State.
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21 | (Source: P.A. 85-1261.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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