Full Text of HB3729 95th General Assembly
HB3729enr 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 Sections 3 and 8 as 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 | 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.
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| (2) "Director" means Director of the Illinois Department of | 14 |
| Public Health.
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| (3) "Department" means the Illinois Department of Public | 16 |
| Health.
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| (4) "Human Wastes" means undigested food and by-products of | 18 |
| metabolism
which are passed out of the human body.
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| (5) "Person" means any individual, group of individuals, | 20 |
| association,
trust, partnership, corporation, person doing | 21 |
| business under an assumed
name, the State of Illinois or any | 22 |
| Department thereof, or any other entity.
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| (6) "Population Equivalent" means an average waste loading |
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| equivalent to
that produced by one person which is defined as | 2 |
| 100 gallons per day.
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| (7) "Private Sewage Disposal System" means any sewage | 4 |
| handling or
treatment facility receiving domestic sewage from | 5 |
| less than 15 people or
population equivalent and having a | 6 |
| ground surface discharge or any sewage
handling or treatment | 7 |
| facility receiving domestic sewage and having no
ground surface | 8 |
| discharge.
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| (8) "Private Sewage Disposal System Installation | 10 |
| Contractor" means
any person constructing, installing, | 11 |
| repairing, modifying, or
maintaining private sewage disposal | 12 |
| systems.
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| (9) "Property Owner" means the person in whose name legal | 14 |
| title to the
real estate is recorded.
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| (10) "Waste" means either human waste or domestic sewage or | 16 |
| both.
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| (11) "Private Sewage Disposal System Pumping Contractor" | 18 |
| means any
person who cleans or pumps waste from a private | 19 |
| sewage disposal system or
hauls or disposes of wastes removed | 20 |
| therefrom.
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| (12) "Alternative private sewage disposal system" means | 22 |
| any system designed to address a unique circumstance where the | 23 |
| prescriptive requirements of the private sewage disposal code | 24 |
| does not apply, where the final treatment and discharge is free | 25 |
| flowing through native soil, and where (i) the projected | 26 |
| wastewater is likely to be atypical of residential or domestic |
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| wastewater in that flow may exceed 1500 gallons per day; (ii) | 2 |
| the 5-day biochemical oxygen demand of the wastewater may | 3 |
| exceed 300 milligrams per liter; (iii) any portion of the | 4 |
| system is to be shared by 2 or more owners; or (iv) any portion | 5 |
| of the treated wastewater is proposed for recycling or reuse.
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| (Source: P.A. 84-670 .)
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| (225 ILCS 225/8) (from Ch. 111 1/2, par. 116.308)
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| Sec. 8. In addition to promulgating and publishing the | 9 |
| private sewage disposal
code, the Department has the following | 10 |
| powers and duties:
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| (1) Make such inspections as are necessary to determine | 12 |
| satisfactory
compliance with this Act and the private sewage | 13 |
| disposal code.
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| (2) Cause investigations to be made when a violation of any | 15 |
| provisions
of this Act or the private sewage disposal code is | 16 |
| reported to the
Department.
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| (3) Subject to constitutional limitations, by its | 18 |
| representatives after
identification, enter at reasonable | 19 |
| times upon private or public property
for the purpose of | 20 |
| inspecting and investigating conditions relating to the
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| administration and enforcement of this Act and the private | 22 |
| sewage disposal
code.
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| (4) Institute or cause to be instituted legal proceedings | 24 |
| in the circuit
court by the State's Attorney of the county | 25 |
| where such non-compliance
occurred or by the Attorney General |
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| of the State of Illinois in cases of
non-compliance with the | 2 |
| provisions of this Act and the private sewage
disposal code.
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| (5) Authorize the trial or experimental use of new | 4 |
| innovative systems
for private sewage disposal, upon such | 5 |
| conditions as the Department may
set.
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| (6) Adopt minimum performance standards for private sewage | 7 |
| disposal
system contractors.
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| (7) Issue an annual license to
every applicant who complies | 9 |
| with the requirements of this Act and the
private sewage | 10 |
| disposal code and
who pays the required annual license fee.
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| (8) Collect an annual license fee in an amount determined | 12 |
| by the
Department from each contractor and any examination and
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| reinstatement fees.
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| (9) Prescribe rules of procedure for hearings following | 15 |
| denial,
suspension or revocation of licenses as provided in | 16 |
| this Act. | 17 |
| (10) Authorize the use of alternative private sewage | 18 |
| disposal systems that are designed by a professional engineer | 19 |
| licensed under the Professional Engineering Practice Act of | 20 |
| 1989 or an environmental health practitioner licensed under the | 21 |
| Environmental Health Practitioner Licensing Act and accepted | 22 |
| by the Department on a case-by-case basis where the proposed | 23 |
| design reasonably addresses issues particular to the proposed | 24 |
| system, including without limitation flow volume projections, | 25 |
| wastewater composition and pretreatment, treatment and flow in | 26 |
| the subsurface environment, and system ownership and |
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| maintenance responsibility.
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| (Source: P.A. 85-1261.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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