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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
92_HB1695
LRB9202976EGfg
1 AN ACT in relation to private sewage disposal.
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 11, 12, and 19 and adding
6 Section 18.1 as follows:
7 (225 ILCS 225/11) (from Ch. 111 1/2, par. 116.311)
8 Sec. 11. Violation; notice. Whenever the Department
9 determines that there are reasonable grounds to believe that
10 there has been violation of any provision of this Act or the
11 rules and regulations issued under this Act, the Department
12 shall give notice of such alleged violation to the person to
13 whom the license was issued, as herein provided. Such notice
14 shall:
15 (a) be in writing;
16 (b) include a statement of the reasons for the
17 issuance of the notice;
18 (c) allow reasonable time as determined by the
19 Department, but not exceeding the time limits imposed
20 under Section 18.1, for the performance of any act it
21 requires;
22 (d) be served upon the owner, operator or licensee
23 as the case may require; provided that such notice or
24 order shall be deemed to have been properly served upon
25 such owner, operator or licensee when a copy thereof has
26 been sent by registered or certified mail to his last
27 known address as furnished to the Department; or, when he
28 has been served with such notice by any other method
29 authorized by the laws of this State; and
30 (e) contain an outline of the remedial action that,
31 which is required to effect compliance with this Act and
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1 the rules and regulations issued under this Act.
2 (Source: P. A. 78-812.)
3 (225 ILCS 225/12) (from Ch. 111 1/2, par. 116.312)
4 Sec. 12. Noncompliance; notice. The Department must, in
5 any proceeding to suspend, revoke, or refuse to issue a
6 license, first serve or cause to be served upon the
7 applicant, or licensee a written notice specifying the way or
8 ways in which the such applicant or licensee has failed to
9 comply with this Act, or any rules, regulations, or standards
10 promulgated by the Department pertaining thereto. In the
11 case of a revocation or suspension, this notice shall require
12 the licensee to remove or abate the such violations and any,
13 insanitary or objectionable condition, specified in the such
14 notice, within 5 days or within a longer period of time as
15 may be allowed by the Department, but not exceeding the time
16 limits imposed under Section 18.1. If the licensee fails to
17 comply with other terms and conditions of the notice, within
18 the time specified or such extended period of time, the
19 Department may revoke or suspend the such license. If an
20 applicant fails to comply with this Act or, rules, or
21 regulations, or standards promulgated under this Act, the
22 Department may refuse to issue a license.
23 (Source: P. A. 78-812.)
24 (225 ILCS 225/18.1 new)
25 Sec. 18.1. Time limits for remedial action. Whenever a
26 person is required to take action to correct a violation of
27 this Act or the rules adopted under this Act, that remedial
28 action must be:
29 (1) begun within 30 days after receipt of the
30 notice specifying the required remedial action, or within
31 such shorter time as may be specified in the notice or
32 established by order, statute, or rule; and
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1 (2) completed within 90 days after receipt of the
2 notice specifying the required remedial action, or within
3 such shorter time as may be specified in the notice or
4 established by order, statute, or rule.
5 (225 ILCS 225/19) (from Ch. 111 1/2, par. 116.319)
6 Sec. 19. Civil and criminal penalties.
7 (a) Any person who violates this Act or any rule or
8 regulation adopted by the Department under this Act or who
9 violates any determination or order of the Department under
10 this Act shall be guilty of a Class A misdemeanor and shall
11 be fined a sum not less than $100. Each day's violation
12 constitutes a separate offense.
13 (b) In addition to any other penalty provided under this
14 Act, the Department (or a unit of local government acting
15 under Section 10) in an administrative proceeding, or the
16 court in an action brought under subsection (c) of this
17 Section, may impose upon any person who violates this Act or
18 any rule or regulation adopted under this Act, or who
19 violates any determination or order of the Department under
20 this Act, a civil penalty not exceeding $1,000 for each
21 violation plus $100 for each day that the violation
22 continues.
23 (c) The State's Attorney of the county in which the
24 violation occurred, or the Attorney General may shall bring
25 such actions for the enforcement of this Act and the rules
26 adopted and orders issued under this Act, in the name of the
27 People of the State of Illinois, and or may, in addition to
28 other remedies provided in this Act, bring an action for an
29 injunction to restrain any actual or threatened such
30 violation, or to enjoin the operation of any such
31 establishment operated in violation, or to impose or collect
32 a civil penalty for any violation.
33 (Source: P. A. 78-812.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.