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90_SB0483eng
225 ILCS 225/9 from Ch. 111 1/2, par. 116.309
Amends the Private Sewage Disposal Licensing Act to add a
caption.
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1 AN ACT to amend the Private Sewage Disposal Licensing Act
2 by changing Section 10 and adding Section 10.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Private Sewage Disposal Licensing Act is
6 amended by changing Section 10 and adding Section 10.5 as
7 follows:
8 (225 ILCS 225/10) (from Ch. 111 1/2, par. 116.310)
9 Sec. 10. This Act does not prohibit the enforcement of
10 ordinances of units of local government (1) establishing a
11 system for the regulation and inspection of private sewage
12 disposal contractors that is at least equal to State
13 regulation and inspection and (2) adopting the a minimum code
14 of standards as promulgated by the Department under Section 7
15 for design, construction, materials, operation and
16 maintenance of private sewage disposal systems, for the
17 transportation and disposal of wastes therefrom and for
18 private sewage disposal systems servicing equipment, provided
19 such ordinance establishes a system at least equal to State
20 regulation and inspection.
21 Such units of local government who wish to be approved,
22 shall submit a copy of the such ordinance including all
23 amendments, to the Department requesting approval for the
24 ordinance such system of regulation and inspection. If the
25 ordinance such plan is approved by the Department the
26 ordinance shall prevail in lieu of the State licensure, fee
27 and inspection program, and the Department shall issue
28 written approval.
29 A unit of local government may seek approval from the
30 Department to regulate private sewage disposal systems under
31 an ordinance deviating from specific sections of the State
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1 code developed under Section 7 to address a special technical
2 or environmental condition that will affect the public
3 health. The request for deviation from a code section shall
4 be made to the Department in writing. A unit of local
5 government shall submit a separate request for approval for
6 each code section from which it seeks to deviate. In
7 addition, the Department shall conduct a public hearing on
8 the appropriateness of each request. If the evidence
9 presented at the public hearing demonstrates a public health
10 need and that the ordinance is more protective of public
11 health, the Department may approve the special requirements.
12 Not less than once every 3 years each year the Department
13 shall evaluate a unit of local government's the program to
14 determine whether the such program is being operated in
15 accordance with the approved provisions of existing
16 ordinances. If the Department finds after investigation that
17 such program is not in accordance with the approved program
18 or is not being enforced, the Director shall give written
19 notice of the findings to the chief administrative officer of
20 such unit of local government. If the Department thereafter
21 finds, not less than 30 days after providing the giving of
22 such notice that the program is not being conducted in a
23 manner consistent with existing ordinances, the Director
24 shall give written notice of his or her such findings to the
25 chief administrative officer of the unit of local government,
26 and after administrative hearing as provided in this Act, all
27 persons then operating under the such unit of local
28 government shall be immediately subject to the State
29 licensure, fee, and inspection program.
30 (Source: P.A. 78-812.)
31 (225 ILCS 225/10.5 new)
32 Sec. 10.5. Advisory Commission.
33 (a) There is hereby created the Advisory Commission on
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1 Private Sewage Disposal, which shall consist of 15 members to
2 be appointed from time to time by the Director. Of the
3 initial appointments, 5 members shall be appointed to serve a
4 one-year term, 5 members to serve a 2-year term, and 5
5 members to serve a 3-year term. The Advisory Commission
6 shall be comprised of at least one representative of each of
7 the following: the Home Builders Association of Illinois,
8 the Illinois Association of Realtors, the Illinois
9 Environmental Protection Agency, the Illinois Environmental
10 Health Association, the Onsite Wastewater Professionals of
11 Illinois, Inc., the Illinois Association of Local
12 Environmental Health Administrators, the Illinois Precast
13 Concrete Association, the Illinois Land Improvement
14 Contractors Association, and the Illinois Onsite Wastewater
15 Association. The Director shall appoint one member to serve
16 as chairperson.
17 (b) The Advisory Commission shall advise and aid the
18 Director in:
19 (1) reviewing and suggesting changes to the State
20 code developed under Section 7, including but not limited
21 to proposing performance-based standards for the design,
22 construction, operation, and maintenance of private
23 sewage disposal systems;
24 (2) propose methods for funding private sewage
25 disposal services and for reimbursement of units of local
26 government for expenses incurred in administering this
27 Act as agents of the State;
28 (3) examining the need for more stringent licensing
29 requirements under this Act, including but not limited to
30 an apprenticeship program as a condition of original
31 licensure and the issuance of advanced skill licenses;
32 (4) developing continuing education requirements
33 for persons licensed under this Act;
34 (5) considering the need for continuing testing
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1 programs for private sewage disposal systems;
2 (6) developing a research and development program
3 to examine private sewage disposal issues that affect
4 public health and examining funding options for the
5 program;
6 (7) developing a training center to educate all
7 persons interested in learning more about onsite sewage
8 disposal and to work with universities to provide that
9 education;
10 (8) developing an experimental use permit program
11 to set criteria for testing and reviewing new systems or
12 innovative systems or devices and to consider oversight
13 of this program by the Advisory Commission;
14 (9) examining the need for a uniform State license
15 to install, construct, maintain, or operate systems or to
16 pump, haul, or dispose of septage without the need for a
17 license from a unit of local government; and
18 (10) performing other duties from time to time on
19 the request of the Director.
20 (c) The Advisory Commission shall submit an annual
21 report to the Director regarding its findings and
22 recommendations under subsection (b).
23 (d) Members of the Advisory Commission may be reimbursed
24 for actual and necessary expenses incurred in the performance
25 of their duties under this Act.
26 (e) Members of the Advisory Commission shall be immune
27 from suit in any action based on an act performed in good
28 faith as a member of the Advisory Commission.
29 (f) The Advisory Commission shall meet at least
30 semi-annually.
31 (g) A State officer, department, board, agency,
32 division, or commission or a unit of local government may
33 provide a service to the Advisory Commission that is (1)
34 requested by the Advisory Commission and (2) within the scope
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1 of the person's or entity's governmental functions as
2 established by law.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law, except that the changes made by this amendatory
5 Act of 1997 to Sec. 10 of the Private Sewage Disposal
6 Licensing Act take effect July 1, 1998.