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| Public Act 095-0824 |
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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 Section 8 as follows:
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(225 ILCS 225/8) (from Ch. 111 1/2, par. 116.308)
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Sec. 8. (a) 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
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non-compliance with the provisions of this Act and the | ||
private sewage
disposal code.
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(5) Evaluate all Experimental Use Permits in existence | ||
on the effective date of this amendatory Act of the 95th | ||
General Assembly, in accordance with the established | ||
conditions of approval for each permit. After the date of | ||
approval, the Department shall not issue any new | ||
Experimental Use Permits, but may instead issue site | ||
specific approval for performance-based systems in | ||
accordance with this Section
Authorize the trial or | ||
experimental use of new innovative systems
for private | ||
sewage disposal, upon such conditions as the Department may
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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
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.
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(10) The Department may review alternative technology | ||
and operational data from the appropriate state agency of | ||
another state, from another government entity, or from an | ||
independent testing organization to determine whether | ||
approval of components or private sewage disposal systems | ||
within the State is appropriate. The request for approval | ||
shall be made on forms approved by the Department.
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(b) The Director shall authorize the use of appropriate new | ||
innovative wastewater treatment systems to best protect public | ||
health, the environment, and the natural resources of the | ||
State.
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(Source: P.A. 85-1261.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||