95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1303

 

Introduced 2/20/2007, by Rep. Renee Kosel

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 225/5b

    Amends the Private Sewage Disposal Licensing Act. Provides for the licensure of businesses (rather than persons) engaged in the pumping, hauling, and disposal of wastes removed from the sewage disposal systems of portable toilets and portable, potable handwashing units (now, just portable toilets) and the cleaning, sanitizing, and maintenance of portable toilets and portable, potable handwashing units. Requires the Department of Public Health to establish and issue a certificate of registration as a portable sanitation technician for any employee of a business licensed to maintain portable toilets and portable, potable handwashing units who engages in the servicing of portable toilets. Sets forth requirements for obtaining a certificate of registration. Removes a provision concerning designated persons. Makes related changes. Effective immediately.


LRB095 04813 RAS 24873 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1303 LRB095 04813 RAS 24873 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Private Sewage Disposal Licensing Act is
5 amended by changing Section 5b as follows:
 
6     (225 ILCS 225/5b)
7     Sec. 5b. Licensure required for the maintenance of pumping,
8 hauling, and disposal of wastes from portable toilets and
9 potable handwashing units; cleanliness standards.
10     (a) The Department shall by rule, establish and issue a
11 separate license, independent of any other license issued under
12 this Act, for the pumping, hauling, and disposal of wastes
13 removed from the sewage disposal systems of portable toilets
14 and portable, potable handwashing units and the cleaning,
15 sanitizing, and maintenance of portable toilets and portable,
16 potable handwashing units to qualified businesses persons
17 responsible for the pumping, hauling, and disposal of wastes
18 removed from the sewage disposal systems of portable toilets
19 and portable, potable handwashing units and the cleaning,
20 sanitizing, and maintenance of portable toilets and portable,
21 potable handwashing units. These rules shall concern, but not
22 be limited to, all of the following areas:
23         (1) License duration and expiration, renewal,

 

 

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1     reinstatement, and inactive status.
2         (2) All fees relating to initial licensure and renewal.
3         (3) Licensure application form and process.
4         (4) Violations and penalties.
5         (5) Exemptions and waivers.
6         (6) Ventilation, safety, and security requirements of
7     portable toilet units and the sewage disposal systems of
8     portable toilet units.
9     (a-5) The Department shall by rule, establish and issue a
10 certificate of registration as a portable sanitation
11 technician for any employee of a business licensed under this
12 Section who engages in the servicing of portable toilets.
13 Beginning 6 months after the effective date of this amendatory
14 Act of the 95th General Assembly, no person may engage in the
15 servicing of portable toilets in a manner that does not comply
16 with the requirements of this Act and the rules established by
17 the Department under this Act concerning the issuance of a
18 certificate of registration as a portable sanitation
19 technician. Any applicant for a certificate of registration
20 under this subsection (a-5) must, in addition to any other
21 requirements set forth by the Department, attend a minimum
22 safety training session conducted by the licensee. Prior to a
23 registrant's initial renewal of his or her certificate of
24 registration, the registrant must complete a certification
25 program approved by the Department.
26     (b) Beginning 6 months after the date of the adoption of

 

 

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1 Department rules concerning the establishment and issuance of a
2 license for the pumping, hauling, and disposal of wastes
3 removed from the sewage disposal systems of portable toilets,
4 no person may engage in the pumping, hauling, or disposal of
5 wastes removed from the sewage disposal systems of portable
6 toilets in a manner that does not comply with the requirements
7 of this Act and the rules established by the Department under
8 this Act concerning the pumping, hauling, and disposal of
9 wastes removed from the sewage disposal systems of portable
10 toilets. Beginning 6 months after the date of this amendatory
11 Act of the 95th General Assembly, no person or business may
12 engage in the pumping, hauling, and disposal of wastes removed
13 from the sewage disposal systems of portable, potable
14 handwashing units and the cleaning, sanitizing, and
15 maintenance of portable toilets and portable, potable
16 handwashing units without being licensed or certified under
17 this Section.
18     (c) The Department shall require the successful completion
19 of an examination, prescribed by the Department, prior to
20 licensure. The Department may accept the Portable Sanitation
21 Association International's Health and Safety Certification
22 Program as an acceptable educational and testing program.
23     (d) The Department shall consider and make any necessary
24 amendments to the private sewage disposal code in relation to a
25 license issued for the pumping, hauling, and disposal of wastes
26 removed from the sewage disposal systems of portable toilets

 

 

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1 and portable, potable handwashing units and the cleaning,
2 sanitizing, and maintenance of portable toilets and portable,
3 potable handwashing units.
4     (e) The Department shall establish and enforce standards of
5 cleanliness for companies that sell, lease, rent, or otherwise
6 maintain portable toilet units and portable, potable
7 handwashing units for commercial purposes, which shall
8 include, but not be limited to, the following requirements:
9         (1) Each unit shall be thoroughly cleaned at each
10     pumping, including all parts of the unit, which are the
11     urinal, tank, walls, floors, door, and roof.
12         (2) Soap or anti-bacterial hand cleaner and paper
13     products shall be refilled in each unit at each pumping, if
14     required.
15         (3) After a unit is cleaned, it shall be inspected to
16     ensure compliance with Department rules concerning the
17     ventilation, safety, and security of the unit.
18         (4) A company shall designate at least one
19     representative who shall be responsible for ensuring that
20     each unit maintained by the company meets the standards of
21     cleanliness set forth in this subsection (d) and any
22     additional standards established by the Department.
23     Companies that have designated a person to clean units may
24     not designate the same person the responsibility of
25     ensuring unit compliance with the standards of
26     cleanliness.

 

 

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1         (5) Those persons engaging in cleaning units shall wear
2     protective equipment and be trained in proper procedures
3     for sanitation and self-protection.
4 (Source: P.A. 94-138, eff. 7-7-05.)
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.