Full Text of HB5838 94th General Assembly
HB5838 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5838
Introduced 09/29/06, by Rep. Kurt M. Granberg SYNOPSIS AS INTRODUCED: |
|
225 ILCS 225/3 |
from Ch. 111 1/2, par. 116.303 |
225 ILCS 225/4 |
from Ch. 111 1/2, par. 116.304 |
|
Amends the Private Sewage Disposal Licensing Act. Defines "Off-Lot Discharging Private Sewage Disposal System". Provides that every owner of an off-lot discharging private sewage disposal system must file a "Notice of Intent" with the Department of Public Health to allow coverage of the system under the blanket National Pollutant Discharge Elimination System (NPDES) permit of the State. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB5838 |
|
LRB094 21627 RAS 60008 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 Sections 3 and 4 as follows:
| 6 |
| (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
| 7 |
| 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.
| 13 |
| (2) "Director" means Director of the Illinois Department of | 14 |
| Public Health.
| 15 |
| (3) "Department" means the Illinois Department of Public | 16 |
| Health.
| 17 |
| (4) "Human Wastes" means undigested food and by-products of | 18 |
| metabolism
which are passed out of the human body.
| 19 |
| (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.
| 23 |
| (6) "Population Equivalent" means an average waste loading | 24 |
| equivalent to
that produced by one person which is defined as | 25 |
| 100 gallons per day.
| 26 |
| (7) "Private Sewage Disposal System" means any sewage | 27 |
| handling or
treatment facility receiving domestic sewage from | 28 |
| less than 15 people or
population equivalent and having a | 29 |
| ground surface discharge or any sewage
handling or treatment | 30 |
| facility receiving domestic sewage and having no
ground surface | 31 |
| discharge.
| 32 |
| (8) "Private Sewage Disposal System Installation |
|
|
|
HB5838 |
- 2 - |
LRB094 21627 RAS 60008 b |
|
| 1 |
| Contractor" means
any person constructing, installing, | 2 |
| repairing, modifying, or
maintaining private sewage disposal | 3 |
| systems.
| 4 |
| (9) "Property Owner" means the person in whose name legal | 5 |
| title to the
real estate is recorded.
| 6 |
| (10) "Waste" means either human waste or domestic sewage or | 7 |
| both.
| 8 |
| (11) "Private Sewage Disposal System Pumping Contractor" | 9 |
| means any
person who cleans or pumps waste from a private | 10 |
| sewage disposal system or
hauls or disposes of wastes removed | 11 |
| therefrom.
| 12 |
| (12) "Off-Lot Discharging Private Sewage Disposal System" | 13 |
| means any private sewage disposal system having a surface | 14 |
| discharge that leaves the property or directly enters the | 15 |
| navigable waters of the State or surface waters that are | 16 |
| tributary to navigable waters of the State.
| 17 |
| (Source: P.A. 84-670 .)
| 18 |
| (225 ILCS 225/4) (from Ch. 111 1/2, par. 116.304)
| 19 |
| Sec. 4. (a) After January 1, 1974, no person or private | 20 |
| sewage disposal
system contractor may construct, install, | 21 |
| modify, repair, maintain, or
service a private sewage disposal | 22 |
| system or transport and dispose of waste
removed therefrom, in | 23 |
| such a manner that does not comply with the
requirements of | 24 |
| this Act and the private sewage disposal code promulgated
| 25 |
| hereunder by the Department. A person who owns and occupies a | 26 |
| single
family dwelling and who constructs, installs, | 27 |
| maintains, services or cleans
the private sewage disposal | 28 |
| system which serves his single family residence
shall not be | 29 |
| required to be licensed under this Act, however, such person
| 30 |
| shall comply with all other provisions of this Act and the | 31 |
| private sewage
disposal code promulgated hereunder by the | 32 |
| Department.
| 33 |
| Any person who constructs, installs, repairs, modifies, or | 34 |
| maintains a
private sewage disposal system, other than a system | 35 |
| which serves his own
single family residence, shall be licensed |
|
|
|
HB5838 |
- 3 - |
LRB094 21627 RAS 60008 b |
|
| 1 |
| by the Department as a Private
Sewage System Installation | 2 |
| Contractor and any person who cleans or pumps
waste from a | 3 |
| private sewage disposal system, other than a system which
| 4 |
| serves his own single family residence, or hauls or disposes of | 5 |
| wastes
removed therefrom shall be licensed by the Department as | 6 |
| a Private Sewage
Disposal System Pumping Contractor in | 7 |
| accordance with this Act.
| 8 |
| (b) No new private sewage disposal system shall be | 9 |
| installed by any
person until drawings, specifications and | 10 |
| other information requested by
the Department are submitted to | 11 |
| and reviewed by the Department and found to
comply with the | 12 |
| private sewage disposal code, and until approval for the
| 13 |
| installation of such system is issued by the Department.
| 14 |
| (c) The licensing requirements of this Act shall not apply | 15 |
| to any
person who cleans or pumps, hauls or disposes of waste | 16 |
| from chemical
toilets located in an underground coal mine. This | 17 |
| waste shall be (i)
transported to and disposed of at a sewage | 18 |
| treatment facility permitted by
the Illinois Environmental | 19 |
| Protection Agency and located on the mine
property, or (ii) | 20 |
| stored on-site in a sanitary manner pending removal and
| 21 |
| subsequent disposal by a licensed private sewage disposal | 22 |
| pumping contractor.
| 23 |
| (d) Every owner of an off-lot discharging private sewage | 24 |
| disposal system must file a "Notice of Intent" with the | 25 |
| Department to allow coverage of the system under the blanket | 26 |
| National Pollutant Discharge Elimination System (NPDES) permit | 27 |
| of the State. The owner of any private sewage disposal system | 28 |
| that has a surface discharge that does not leave the property | 29 |
| or directly enter the navigable waters of the State or surface | 30 |
| waters that are tributary to navigable waters of the State is | 31 |
| not required to file a Notice of Intent or meet other NPDES | 32 |
| permit requirements.
| 33 |
| (Source: P.A. 86-1195.)
| 34 |
| Section 99. Effective date. This Act takes effect upon | 35 |
| becoming law.
|
|