Full Text of HB3729 95th General Assembly
HB3729eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Private Sewage Disposal Licensing Act is | 5 |
| amended by changing Section 3 and by adding Section 8.5 as | 6 |
| follows:
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| (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
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| Sec. 3. As used in this Act, unless the context otherwise | 9 |
| requires: | 10 |
| (1) "Domestic Sewage" means waste water derived | 11 |
| principally from
dwellings, business or office buildings, | 12 |
| institutions, food service
establishments, and similar | 13 |
| facilities.
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| (2) "Director" means Director of the Illinois Department of | 15 |
| Public Health.
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| (3) "Department" means the Illinois Department of Public | 17 |
| Health.
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| (4) "Human Wastes" means undigested food and by-products of | 19 |
| metabolism
which are passed out of the human body.
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| (5) "Person" means any individual, group of individuals, | 21 |
| association,
trust, partnership, corporation, person doing | 22 |
| business under an assumed
name, the State of Illinois or any | 23 |
| Department thereof, or any other entity.
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| (6) "Population Equivalent" means an average waste loading | 2 |
| equivalent to
that produced by one person which is defined as | 3 |
| 100 gallons per day.
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| (7) "Private Sewage Disposal System" means any sewage | 5 |
| handling or
treatment facility receiving domestic sewage from | 6 |
| less than 15 people or
population equivalent and having a | 7 |
| ground surface discharge or any sewage
handling or treatment | 8 |
| facility receiving domestic sewage and having no
ground surface | 9 |
| discharge.
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| (8) "Private Sewage Disposal System Installation | 11 |
| Contractor" means
any person constructing, installing, | 12 |
| repairing, modifying, or
maintaining private sewage disposal | 13 |
| systems.
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| (9) "Property Owner" means the person in whose name legal | 15 |
| title to the
real estate is recorded.
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| (10) "Waste" means either human waste or domestic sewage or | 17 |
| both.
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| (11) "Private Sewage Disposal System Pumping Contractor" | 19 |
| means any
person who cleans or pumps waste from a private | 20 |
| sewage disposal system or
hauls or disposes of wastes removed | 21 |
| therefrom.
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| (12) "Nonconforming private sewage disposal system" means | 23 |
| any system where the final treatment and discharge is free | 24 |
| flowing through native soil and where (i) the projected | 25 |
| wastewater is likely to be atypical of residential or domestic | 26 |
| wastewater in that flow may exceed 1500 gallons per day; (ii) |
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| the 5-day biochemical oxygen demand of the wastewater may | 2 |
| exceed 300 milligrams per liter; (iii) any portion of the | 3 |
| system is to be shared by 2 or more owners; or (iv) any portion | 4 |
| of the treated wastewater is proposed for recycling or reuse. | 5 |
| (Source: P.A. 84-670 .)
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| (225 ILCS 225/8.5 new)
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| Sec. 8.5. Approval of nonconforming private sewage | 8 |
| disposal systems. Notwithstanding any other provision of this | 9 |
| Act, beginning on the effective date of this amendatory Act of | 10 |
| the 95th General Assembly, nonconforming private sewage | 11 |
| disposal systems shall not be subject to prescribed design | 12 |
| requirements of the private sewage code, but must instead be | 13 |
| designed individually by a professional engineer licensed | 14 |
| under the Professional Engineering Practice Act of 1989 or an | 15 |
| environmental health practitioner licensed under the | 16 |
| Environmental Health Practitioner Licensing Act and approved | 17 |
| by the Department on a case-by-case basis where the proposed | 18 |
| design reasonably addresses issues particular to the proposed | 19 |
| system, including without limitation flow volume projections, | 20 |
| wastewater composition and pretreatment, treatment and flow in | 21 |
| the subsurface environment, and system ownership and | 22 |
| maintenance responsibility.
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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