HJ0013eng 95TH GENERAL ASSEMBLY

HJ0013 Engrossed LRB095 03551 RAS 23555 r

HOUSE JOINT RESOLUTION 13

WHEREAS, Compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) and the effects of surface discharging private sewage disposal systems on communities within the State are matters of extreme importance; and

WHEREAS, Illinois is mandated by the federal Clean Water Act to adhere to and enforce the standards set forth by the NPDES to protect the waters of the United States; and

WHEREAS, Failure of Illinois to enforce NPDES standards on surface discharging private sewage disposal systems requires the federal Environmental Protection Agency to withdraw from the Illinois Environmental Protection Agency the authority to grant NPDES permits under State and federal law; and

WHEREAS, Loss of NPDES permit standing could have a devastating effect on jobs and water quality in Illinois; and

WHEREAS, Malfunctioning or improperly operating and maintained surface discharging private sewage disposal systems can pose serious health hazards; a surface discharging system that is malfunctioning or improperly operating and maintained may contain raw sewage, which is not always obvious or visible to the untrained eye and may contain disease-causing organisms, such as bacteria and viruses that come from the digestive tract, respiratory tract, and skin; diseases commonly associated with improperly treated sewage include Gastroenteritis, Shigellosis, Salmonella, Hepatitis A, and Leptospirosis; and

WHEREAS, There are soil conditions of the State in which a surface discharging system is the only viable choice due to the poor absorption qualities of the soil types, such as high clay, rock content, or high seasonal water table, although reasonable technical measures may exist to minimize or eliminate discharges from these systems to waters of the United States; and

WHEREAS, A failing surface discharging system has the potential to affect an entire subdivision or surrounding area; in particular the discharge may become a tempting nuisance to neighborhood children and pets who may play in or around the pooling discharge and, subsequently, become directly infected or become the modes of transmission by tracking disease-causing organisms into their homes; and

WHEREAS, Existing discharging septic systems were permitted to be installed under the Private Sewage Disposal Licensing Act without the owners being aware of the requirements of the federal Clean Water Act; and

WHEREAS, Different states and regions require varying degrees of permit conditions, including different testing and sampling requirements per year; and

WHEREAS, We want to ensure that while we protect the environment, we also place the minimum burden possible on owners of these existing and new systems; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there is created the Joint Task Force on National Pollutant Discharge Elimination System (NPDES) Compliance, which shall be charged with the following tasks:

(1) examining the State's current compliance with NPDES laws, rules, and guidelines related to surface discharging private sewage disposal systems;

(2) forming a reasonably complete picture of where in the State surface discharging private sewage disposal systems have been permitted and where they have not been permitted;

(3) examining alternatives to surface discharging private sewage disposal systems;

(4) examining how other states are regulating surface discharging private sewage disposal systems; and

(5) examining how Illinois can comply with national NPDES laws, rules, and guidelines in such a way as to minimize the financial impact upon Illinois homeowners who currently use surface discharging private sewage disposal systems; and be it further

RESOLVED, That the Joint Task Force shall consist of 8 members, 2 of whom shall be appointed by the President of the Senate; 2 of whom shall be appointed by the Speaker of the House of Representatives; 2 of whom shall be appointed by the Minority Leader of the Senate; and 2 of whom shall be appointed by the Minority Leader of the House of Representatives; and be it further

RESOLVED, That the Joint Task Force shall meet initially at the call of the Speaker and the President, shall select 2 members as co-chairpersons, one from each political party, at its initial meeting, and shall thereafter meet at the joint call of the co-chairpersons; and be it further

RESOLVED, That the Environmental Protection Agency shall provide support staff for the Joint Task Force; and be it further

RESOLVED, That the Joint Task Force shall report its findings to the General Assembly by filing copies of its report with the Clerk of the House and the Secretary of the Senate no later than January 1, 2008; and that upon filing its report the Joint Task Force is dissolved.