Sen. Louis S. Viverito
Filed: 5/8/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3729
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3729 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Private Sewage Disposal Licensing Act is | ||||||
5 | amended by changing Sections 3 and 8 as follows:
| ||||||
6 | (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
| ||||||
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.
| ||||||
13 | (2) "Director" means Director of the Illinois Department of | ||||||
14 | Public Health.
| ||||||
15 | (3) "Department" means the Illinois Department of Public | ||||||
16 | Health.
|
| |||||||
| |||||||
1 | (4) "Human Wastes" means undigested food and by-products of | ||||||
2 | metabolism
which are passed out of the human body.
| ||||||
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.
| ||||||
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.
| ||||||
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.
| ||||||
16 | (8) "Private Sewage Disposal System Installation | ||||||
17 | Contractor" means
any person constructing, installing, | ||||||
18 | repairing, modifying, or
maintaining private sewage disposal | ||||||
19 | systems.
| ||||||
20 | (9) "Property Owner" means the person in whose name legal | ||||||
21 | title to the
real estate is recorded.
| ||||||
22 | (10) "Waste" means either human waste or domestic sewage or | ||||||
23 | both.
| ||||||
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 |
| |||||||
| |||||||
1 | therefrom.
| ||||||
2 | (12) "Alternative private sewage disposal system" means | ||||||
3 | any system designed to address a unique circumstance where the | ||||||
4 | prescriptive requirements of the private sewage disposal code | ||||||
5 | does not apply, where the final treatment and discharge is free | ||||||
6 | flowing through native soil, and where (i) the projected | ||||||
7 | wastewater is likely to be atypical of residential or domestic | ||||||
8 | wastewater in that flow may exceed 1500 gallons per day; (ii) | ||||||
9 | the 5-day biochemical oxygen demand of the wastewater may | ||||||
10 | exceed 300 milligrams per liter; (iii) any portion of the | ||||||
11 | system is to be shared by 2 or more owners; or (iv) any portion | ||||||
12 | of the treated wastewater is proposed for recycling or reuse.
| ||||||
13 | (Source: P.A. 84-670 .)
| ||||||
14 | (225 ILCS 225/8) (from Ch. 111 1/2, par. 116.308)
| ||||||
15 | Sec. 8. In addition to promulgating and publishing the | ||||||
16 | private sewage disposal
code, the Department has the following | ||||||
17 | powers and duties:
| ||||||
18 | (1) Make such inspections as are necessary to determine | ||||||
19 | satisfactory
compliance with this Act and the private sewage | ||||||
20 | disposal code.
| ||||||
21 | (2) Cause investigations to be made when a violation of any | ||||||
22 | provisions
of this Act or the private sewage disposal code is | ||||||
23 | reported to the
Department.
| ||||||
24 | (3) Subject to constitutional limitations, by its | ||||||
25 | representatives after
identification, enter at reasonable |
| |||||||
| |||||||
1 | times upon private or public property
for the purpose of | ||||||
2 | inspecting and investigating conditions relating to the
| ||||||
3 | administration and enforcement of this Act and the private | ||||||
4 | sewage disposal
code.
| ||||||
5 | (4) Institute or cause to be instituted legal proceedings | ||||||
6 | in the circuit
court by the State's Attorney of the county | ||||||
7 | where such non-compliance
occurred or by the Attorney General | ||||||
8 | of the State of Illinois in cases of
non-compliance with the | ||||||
9 | provisions of this Act and the private sewage
disposal code.
| ||||||
10 | (5) Authorize the trial or experimental use of new | ||||||
11 | innovative systems
for private sewage disposal, upon such | ||||||
12 | conditions as the Department may
set.
| ||||||
13 | (6) Adopt minimum performance standards for private sewage | ||||||
14 | disposal
system contractors.
| ||||||
15 | (7) Issue an annual license to
every applicant who complies | ||||||
16 | with the requirements of this Act and the
private sewage | ||||||
17 | disposal code and
who pays the required annual license fee.
| ||||||
18 | (8) Collect an annual license fee in an amount determined | ||||||
19 | by the
Department from each contractor and any examination and
| ||||||
20 | reinstatement fees.
| ||||||
21 | (9) Prescribe rules of procedure for hearings following | ||||||
22 | denial,
suspension or revocation of licenses as provided in | ||||||
23 | this Act. | ||||||
24 | (10) Authorize the use of alternative private sewage | ||||||
25 | disposal systems that are designed by a professional engineer | ||||||
26 | licensed under the Professional Engineering Practice Act of |
| |||||||
| |||||||
1 | 1989 or an environmental health practitioner licensed under the | ||||||
2 | Environmental Health Practitioner Licensing Act and accepted | ||||||
3 | by the Department on a case-by-case basis where the proposed | ||||||
4 | design reasonably addresses issues particular to the proposed | ||||||
5 | system, including without limitation flow volume projections, | ||||||
6 | wastewater composition and pretreatment, treatment and flow in | ||||||
7 | the subsurface environment, and system ownership and | ||||||
8 | maintenance responsibility.
| ||||||
9 | (Source: P.A. 85-1261.)
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|