Illinois General Assembly - Full Text of Public Act 095-0656
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Public Act 095-0656




Public Act 095-0656
HB3729 Enrolled LRB095 11447 RAS 32371 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 changing Sections 3 and 8 as follows:
    (225 ILCS 225/3)  (from Ch. 111 1/2, par. 116.303)
    Sec. 3. As used in this Act, unless the context otherwise
    (1) "Domestic Sewage" means waste water derived
principally from dwellings, business or office buildings,
institutions, food service establishments, and similar
    (2) "Director" means Director of the Illinois Department of
Public Health.
    (3) "Department" means the Illinois Department of Public
    (4) "Human Wastes" means undigested food and by-products of
metabolism which are passed out of the human body.
    (5) "Person" means any individual, group of individuals,
association, trust, partnership, corporation, person doing
business under an assumed name, the State of Illinois or any
Department thereof, or any other entity.
    (6) "Population Equivalent" means an average waste loading
equivalent to that produced by one person which is defined as
100 gallons per day.
    (7) "Private Sewage Disposal System" means any sewage
handling or treatment facility receiving domestic sewage from
less than 15 people or population equivalent and having a
ground surface discharge or any sewage handling or treatment
facility receiving domestic sewage and having no ground surface
    (8) "Private Sewage Disposal System Installation
Contractor" means any person constructing, installing,
repairing, modifying, or maintaining private sewage disposal
    (9) "Property Owner" means the person in whose name legal
title to the real estate is recorded.
    (10) "Waste" means either human waste or domestic sewage or
    (11) "Private Sewage Disposal System Pumping Contractor"
means any person who cleans or pumps waste from a private
sewage disposal system or hauls or disposes of wastes removed
    (12) "Alternative private sewage disposal system" means
any system designed to address a unique circumstance where the
prescriptive requirements of the private sewage disposal code
does not apply, where the final treatment and discharge is free
flowing through native soil, and where (i) the projected
wastewater is likely to be atypical of residential or domestic
wastewater in that flow may exceed 1500 gallons per day; (ii)
the 5-day biochemical oxygen demand of the wastewater may
exceed 300 milligrams per liter; (iii) any portion of the
system is to be shared by 2 or more owners; or (iv) any portion
of the treated wastewater is proposed for recycling or reuse.
(Source: P.A. 84-670.)
    (225 ILCS 225/8)  (from Ch. 111 1/2, par. 116.308)
    Sec. 8. In addition to promulgating and publishing the
private sewage disposal code, the Department has the following
powers and duties:
    (1) Make such inspections as are necessary to determine
satisfactory compliance with this Act and the private sewage
disposal code.
    (2) Cause investigations to be made when a violation of any
provisions of this Act or the private sewage disposal code is
reported to the Department.
    (3) Subject to constitutional limitations, by its
representatives after identification, enter at reasonable
times upon private or public property for the purpose of
inspecting and investigating conditions relating to the
administration and enforcement of this Act and the private
sewage disposal code.
    (4) Institute or cause to be instituted legal proceedings
in the circuit court by the State's Attorney of the county
where such non-compliance occurred or by the Attorney General
of the State of Illinois in cases of non-compliance with the
provisions of this Act and the private sewage disposal code.
    (5) Authorize the trial or experimental use of new
innovative systems for private sewage disposal, upon such
conditions as the Department may set.
    (6) Adopt minimum performance standards for private sewage
disposal system contractors.
    (7) Issue an annual license to every applicant who complies
with the requirements of this Act and the private sewage
disposal code and who pays the required annual license fee.
    (8) Collect an annual license fee in an amount determined
by the Department from each contractor and any examination and
reinstatement fees.
    (9) Prescribe rules of procedure for hearings following
denial, suspension or revocation of licenses as provided in
this Act.
    (10) Authorize the use of alternative private sewage
disposal systems that are designed by a professional engineer
licensed under the Professional Engineering Practice Act of
1989 or an environmental health practitioner licensed under the
Environmental Health Practitioner Licensing Act and accepted
by the Department on a case-by-case basis where the proposed
design reasonably addresses issues particular to the proposed
system, including without limitation flow volume projections,
wastewater composition and pretreatment, treatment and flow in
the subsurface environment, and system ownership and
maintenance responsibility.
(Source: P.A. 85-1261.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 10/11/2007