Illinois General Assembly - Full Text of Public Act 094-0138

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Public Act 094-0138

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Public Act 0138 94TH GENERAL ASSEMBLY

Public Act 094-0138

HB3048 Enrolled LRB094 07837 MKM 38018 b

    AN ACT concerning regulation.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    Section 5. The Private Sewage Disposal Licensing Act is
amended by adding Section 5b as follows:

    (225 ILCS 225/5b new)
    Sec. 5b. Licensure required for the pumping, hauling, and
disposal of wastes from portable toilets; cleanliness
standards.
    (a) The Department shall by rule, establish and issue a
separate license, independent of any other license issued under
this Act, for the pumping, hauling, and disposal of wastes
removed from the sewage disposal systems of portable toilets to
qualified persons responsible for the pumping, hauling, and
disposal of wastes removed from the sewage disposal systems of
portable toilets. These rules shall concern, but not be limited
to, all of the following areas:
        (1) License duration and expiration, renewal,
    reinstatement, and inactive status.
        (2) All fees relating to initial licensure and renewal.
        (3) Licensure application form and process.
        (4) Violations and penalties.
        (5) Exemptions and waivers.
        (6) Ventilation, safety, and security requirements of
    portable toilet units and the sewage disposal systems of
    portable toilet units.
    (b) Beginning 6 months after the date of the adoption of
Department rules concerning the establishment and issuance of a
license for the pumping, hauling, and disposal of wastes
removed from the sewage disposal systems of portable toilets,
no person may engage in the pumping, hauling, or disposal of
wastes removed from the sewage disposal systems of portable
toilets in a manner that does not comply with the requirements
of this Act and the rules established by the Department under
this Act concerning the pumping, hauling, and disposal of
wastes removed from the sewage disposal systems of portable
toilets.
    (c) The Department shall require the successful completion
of an examination, prescribed by the Department, prior to
licensure. The Department may accept the Portable Sanitation
Association International's Health and Safety Certification
Program as an acceptable educational and testing program.
    (d) The Department shall consider and make any necessary
amendments to the private sewage disposal code in relation to a
license issued for the pumping, hauling, and disposal of wastes
removed from the sewage disposal systems of portable toilets.
    (e) The Department shall establish and enforce standards of
cleanliness for companies that sell, lease, rent, or otherwise
maintain portable toilet units for commercial purposes, which
shall include, but not be limited to, the following
requirements:
        (1) Each unit shall be thoroughly cleaned at each
    pumping, including all parts of the unit, which are the
    urinal, tank, walls, floors, door, and roof.
        (2) Soap or anti-bacterial hand cleaner and paper
    products shall be refilled in each unit at each pumping, if
    required.
        (3) After a unit is cleaned, it shall be inspected to
    ensure compliance with Department rules concerning the
    ventilation, safety, and security of the unit.
        (4) A company shall designate at least one
    representative who shall be responsible for ensuring that
    each unit maintained by the company meets the standards of
    cleanliness set forth in this subsection (d) and any
    additional standards established by the Department.
    Companies that have designated a person to clean units may
    not designate the same person the responsibility of
    ensuring unit compliance with the standards of
    cleanliness.
        (5) Those persons engaging in cleaning units shall wear
    protective equipment and be trained in proper procedures
    for sanitation and self-protection.

    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/7/2005

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