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| Public Act 095-0656 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Private Sewage Disposal Licensing Act is | ||||
amended by changing Sections 3 and 8 as follows:
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(225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
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Sec. 3. As used in this Act, unless the context otherwise | ||||
requires: | ||||
(1) "Domestic Sewage" means waste water derived | ||||
principally from
dwellings, business or office buildings, | ||||
institutions, food service
establishments, and similar | ||||
facilities.
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(2) "Director" means Director of the Illinois Department of | ||||
Public Health.
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(3) "Department" means the Illinois Department of Public | ||||
Health.
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(4) "Human Wastes" means undigested food and by-products of | ||||
metabolism
which are passed out of the human body.
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(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.
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(6) "Population Equivalent" means an average waste loading | ||||
equivalent to
that produced by one person which is defined as | ||
100 gallons per day.
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(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 | ||
discharge.
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(8) "Private Sewage Disposal System Installation | ||
Contractor" means
any person constructing, installing, | ||
repairing, modifying, or
maintaining private sewage disposal | ||
systems.
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(9) "Property Owner" means the person in whose name legal | ||
title to the
real estate is recorded.
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(10) "Waste" means either human waste or domestic sewage or | ||
both.
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(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 | ||
therefrom.
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(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.
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(Source: P.A. 84-670.)
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(225 ILCS 225/8) (from Ch. 111 1/2, par. 116.308)
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Sec. 8. In addition to promulgating and publishing the | ||
private sewage disposal
code, the Department has the following | ||
powers and duties:
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(1) Make such inspections as are necessary to determine | ||
satisfactory
compliance with this Act and the private sewage | ||
disposal code.
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(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.
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(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
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administration and enforcement of this Act and the private | ||
sewage disposal
code.
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(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.
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(5) Authorize the trial or experimental use of new | ||
innovative systems
for private sewage disposal, upon such | ||
conditions as the Department may
set.
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(6) Adopt minimum performance standards for private sewage | ||
disposal
system contractors.
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(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.
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(8) Collect an annual license fee in an amount determined | ||
by the
Department from each contractor and any examination and
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reinstatement fees.
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(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.
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(Source: P.A. 85-1261.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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