Illinois General Assembly - Full Text of Public Act 095-0919
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Public Act 095-0919


 

Public Act 0919 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0919
 
SB2034 Enrolled LRB095 18695 RAS 44796 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 Section 10 as follows:
 
    (225 ILCS 225/10)  (from Ch. 111 1/2, par. 116.310)
    Sec. 10. (a) This Act does not prohibit the enforcement of
ordinances of units of local government establishing a system
for the regulation and inspection of private sewage disposal
contractors and a minimum code of standards for design,
construction, materials, operation and maintenance of private
sewage disposal systems, for the transportation and disposal of
wastes therefrom and for private sewage disposal systems
servicing equipment, provided such ordinance establishes a
system at least equal to state regulation and inspection.
    Such units of local government who wish to be approved,
shall submit a copy of such ordinance including all amendments
to the Department requesting approval for such system of
regulation and inspection. If such plan is approved by the
Department the ordinance shall prevail in lieu of the state
licensure, fee and inspection program, and the Department shall
issue written approval. Not less than once each year the
Department shall evaluate the program to determine whether such
program is being operated in accordance with the approved
provisions of existing ordinances. If the Department finds
after investigation that such program is not in accordance with
the approved program or is not being enforced, the Director
shall give written notice of the findings to the chief
administrative officer of such unit of local government. If the
Department thereafter finds, not less than 30 days after the
giving of such notice that the program is not being conducted
in a manner consistent with existing ordinances, the Director
shall give written notice of such findings to the chief
administrative officer of the unit of local government, and
after administrative hearing as provided in this Act, all
persons then operating under such unit of local government
shall be immediately subject to the state licensure, fee and
inspection program.
    (b) This Act does not prohibit the enforcement of
ordinances of units of local government that require homeowners
who maintain a private sewage disposal system within the unit
of local government to provide verification, no more frequently
than once every 3 years, to the unit of local government of a
valid contract with a licensed private sewage disposal system
installation contractor. However, no additional fee may be
charged for such verification.
(Source: P.A. 78-812.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/26/2008