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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0483sam002
LRB9002654DPksam
1 AMENDMENT TO SENATE BILL 483
2 AMENDMENT NO. . Amend Senate Bill 483, AS AMENDED,
3 in the title and in the introductory clause to Section 5, by
4 replacing "Section 10" with "Section 10 and adding Section
5 10.5"; and
6 in Section 5, in Sec. 10, by replacing all of the second
7 grammatical paragraph with the following:
8 "Such units of local government who wish to be approved,
9 shall submit a copy of the such ordinance including all
10 amendments, to the Department requesting approval for the
11 ordinance such system of regulation and inspection. If the
12 ordinance such plan is approved by the Department the
13 ordinance shall prevail in lieu of the State licensure, fee
14 and inspection program, and the Department shall issue
15 written approval.
16 A unit of local government may seek approval from the
17 Department to regulate private sewage disposal systems under
18 an ordinance deviating from specific sections of the State
19 code developed under Section 7 to address a special technical
20 or environmental condition that will affect the public
21 health. The request for deviation from a code section shall
22 be made to the Department in writing. A unit of local
23 government shall submit a separate request for approval for
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1 each code section from which it seeks to deviate. In
2 addition, the Department shall conduct a public hearing on
3 the appropriateness of each request. If the evidence
4 presented at the public hearing demonstrates a public health
5 need and that the ordinance is more protective of public
6 health, the Department may approve the special requirements.
7 Not less than once every 3 years each year the Department
8 shall evaluate a unit of local government's the program to
9 determine whether the such program is being operated in
10 accordance with the approved provisions of existing
11 ordinances. If the Department finds after investigation that
12 such program is not in accordance with the approved program
13 or is not being enforced, the Director shall give written
14 notice of the findings to the chief administrative officer of
15 such unit of local government. If the Department thereafter
16 finds, not less than 30 days after providing the giving of
17 such notice that the program is not being conducted in a
18 manner consistent with existing ordinances, the Director
19 shall give written notice of his or her such findings to the
20 chief administrative officer of the unit of local government,
21 and after administrative hearing as provided in this Act, all
22 persons then operating under the such unit of local
23 government shall be immediately subject to the State
24 licensure, fee, and inspection program."; and
25 immediately below the end of Sec. 10, by inserting the
26 following:
27 "(225 ILCS 225/10.5 new)
28 Sec. 10.5. Advisory Commission.
29 (a) There is hereby created the Advisory Commission on
30 Private Sewage Disposal, which shall consist of 15 members to
31 be appointed from time to time by the Director. Of the
32 initial appointments, 5 members shall be appointed to serve a
33 one-year term, 5 members to serve a 2-year term, and 5
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1 members to serve a 3-year term. The Advisory Commission
2 shall be comprised of at least one representative of each of
3 the following: the Home Builders Association of Illinois,
4 the Illinois Association of Realtors, the Illinois
5 Environmental Protection Agency, the Illinois Environmental
6 Health Association, the Onsite Wastewater Professionals of
7 Illinois, Inc., the Illinois Association of Local
8 Environmental Health Administrators, the Illinois Precast
9 Concrete Association, the Illinois Land Improvement
10 Contractors Association, and the Illinois Onsite Wastewater
11 Association. The Director shall appoint one member to serve
12 as chairperson.
13 (b) The Advisory Commission shall advise and aid the
14 Director in:
15 (1) reviewing and suggesting changes to the State
16 code developed under Section 7, including but not limited
17 to proposing performance-based standards for the design,
18 construction, operation, and maintenance of private
19 sewage disposal systems;
20 (2) propose methods for funding private sewage
21 disposal services and for reimbursement of units of local
22 government for expenses incurred in administering this
23 Act as agents of the State;
24 (3) examining the need for more stringent licensing
25 requirements under this Act, including but not limited to
26 an apprenticeship program as a condition of original
27 licensure and the issuance of advanced skill licenses;
28 (4) developing continuing education requirements
29 for persons licensed under this Act;
30 (5) considering the need for continuing testing
31 programs for private sewage disposal systems;
32 (6) developing a research and development program
33 to examine private sewage disposal issues that affect
34 public health and examining funding options for the
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1 program;
2 (7) developing a training center to educate all
3 persons interested in learning more about onsite sewage
4 disposal and to work with universities to provide that
5 education;
6 (8) developing an experimental use permit program
7 to set criteria for testing and reviewing new systems or
8 innovative systems or devices and to consider oversight
9 of this program by the Advisory Commission;
10 (9) examining the need for a uniform State license
11 to install, construct, maintain, or operate systems or to
12 pump, haul, or dispose of septage without the need for a
13 license from a unit of local government; and
14 (10) performing other duties from time to time on
15 the request of the Director.
16 (c) The Advisory Commission shall submit an annual
17 report to the Director regarding its findings and
18 recommendations under subsection (b).
19 (d) Members of the Advisory Commission may be reimbursed
20 for actual and necessary expenses incurred in the performance
21 of their duties under this Act.
22 (e) Members of the Advisory Commission shall be immune
23 from suit in any action based on an act performed in good
24 faith as a member of the Advisory Commission.
25 (f) The Advisory Commission shall meet at least
26 semi-annually.
27 (g) A State officer, department, board, agency,
28 division, or commission or a unit of local government may
29 provide a service to the Advisory Commission that is (1)
30 requested by the Advisory Commission and (2) within the scope
31 of the person's or entity's governmental functions as
32 established by law."; and
33 by replacing Section 99 with the following:
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1 "Section 99. Effective date. This Act takes effect upon
2 becoming law, except that the changes made by this amendatory
3 Act of 1997 to Sec. 10 of the Private Sewage Disposal
4 Licensing Act take effect July 1, 1998.".