HB3729 95TH GENERAL ASSEMBLY

LRB095 11447 RAS 32371 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3729

Introduced 2/28/2007, by Rep. Michael Tryon

SYNOPSIS AS INTRODUCED:

225 ILCS 225/3	from Ch. 111 1/2, par. 116.303
225 ILCS 225/8.5 new

Amends the Private Sewage Disposal Licensing Act. Provides that nonconforming private sewage disposal systems shall not be subject to prescribed design requirements of the private sewage code, but must instead be designed individually by a licensed professional engineer or a licensed environmental health practitioner and approved by the Department on a case-by-case basis. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Private Sewage Disposal Licensing Act is amended by changing Section 3 and by adding Section 8.5 as follows:

(225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)

Sec. 3. As used in this Act, unless the context otherwise requires:

(1) "Domestic Sewage" means waste water derived principally from dwellings, business or office buildings, institutions, food service establishments, and similar facilities.

(2) "Director" means Director of the Illinois Department of Public Health.

(3) "Department" means the Illinois Department of Public Health.

(4) "Human Wastes" means undigested food and by-products of metabolism which are passed out of the human body.

(5) "Person" means any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, the State of Illinois or any Department thereof, or any other entity.

(6) "Population Equivalent" means an average waste loading equivalent to that produced by one person which is defined as 100 gallons per day.

(7) "Private Sewage Disposal System" means any sewage handling or treatment facility receiving domestic sewage from less than 15 people or population equivalent and having a ground surface discharge or any sewage handling or treatment facility receiving domestic sewage and having no ground surface discharge.

(8) "Private Sewage Disposal System Installation Contractor" means any person constructing, installing, repairing, modifying, or maintaining private sewage disposal systems.

(9) "Property Owner" means the person in whose name legal title to the real estate is recorded.

(10) "Waste" means either human waste or domestic sewage or both.

(11) "Private Sewage Disposal System Pumping Contractor" means any person who cleans or pumps waste from a private sewage disposal system or hauls or disposes of wastes removed therefrom.

(12) "Nonconforming private sewage disposal system" means any system where the final treatment and discharge is free flowing through native soil and where (i) the projected wastewater is likely to be atypical of residential or domestic wastewater in that flow may exceed 1500 gallons per day; (ii) the 5-day biochemical oxygen demand of the wastewater may exceed 300 milligrams per liter; (iii) any portion of the system is to be shared by 2 or more owners; or (iv) any portion of the treated wastewater is proposed for recycling or reuse.

(Source: P.A. 84-670.)

(225 ILCS 225/8.5 new)

Sec. 8.5. Approval of nonconforming private sewage disposal systems. Notwithstanding any other provision of this Act, beginning on the effective date of this amendatory Act of the 95th General Assembly, nonconforming private sewage disposal systems shall not be subject to prescribed design requirements of the private sewage code, but must instead be designed individually by a professional engineer licensed under the Professional Engineering Practice Act of 1989 or an environmental health practitioner licensed under the Environmental Health Practitioner Licensing Act and approved by the Department on a case-by-case basis where the proposed design reasonably addresses issues particular to the proposed system, including without limitation flow volume projections, wastewater composition and pretreatment, treatment and flow in the subsurface environment, and system ownership and maintenance responsibility.

Section 99. Effective date. This Act takes effect upon becoming law.