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Public Act 92-0353
HB1695 Enrolled LRB9202976EGfg
AN ACT in relation to private sewage disposal.
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 11 and 19 as follows:
(225 ILCS 225/11) (from Ch. 111 1/2, par. 116.311)
Sec. 11. Notice of violation. Whenever the Department
determines that there are reasonable grounds to believe that
there has been violation of any provision of this Act or the
rules and regulations issued under this Act, the Department
shall give notice of such alleged violation to the person to
whom the license was issued, as herein provided. Such notice
shall:
(a) be in writing;
(b) include a statement of the reasons for the
issuance of the notice;
(c) allow reasonable time as established by rule
determined by the Department for the performance of any
act it requires;
(d) be served upon the owner, operator or licensee
as the case may require; provided that such notice or
order shall be deemed to have been properly served upon
such owner, operator or licensee when a copy thereof has
been sent by registered or certified mail to his last
known address as furnished to the Department; or, when he
has been served with such notice by any other method
authorized by the laws of this State; and
(e) contain an outline of remedial action, which is
required to effect compliance with this Act and the rules
and regulations issued under this Act.
(Source: P.A. 78-812.)
(225 ILCS 225/19) (from Ch. 111 1/2, par. 116.319)
Sec. 19. Civil and criminal penalties.
(a) Any person who violates this Act or any rule or
regulation adopted by the Department under this Act or who
violates any determination or order of the Department under
this Act shall be guilty of a Class A misdemeanor and shall
be fined a sum not less than $100. Each day's violation
constitutes a separate offense.
(b) In addition to any other penalty provided under this
Act, the Department (or a unit of local government acting
under Section 10) in an administrative proceeding, or the
court in an action brought under subsection (c) of this
Section, may impose upon any person who violates this Act or
any rule or regulation adopted under this Act, or who
violates any determination or order of the Department under
this Act, a civil penalty not exceeding $1,000 for each
violation plus $100 for each day that the violation
continues.
(c) The State's Attorney of the county in which the
violation occurred, or the Attorney General may shall bring
such actions for the enforcement of this Act and the rules
adopted and orders issued under this Act, in the name of the
People of the State of Illinois, and or may, in addition to
other remedies provided in this Act, bring an action for an
injunction to restrain any actual or threatened such
violation, or to enjoin the operation of any such
establishment operated in violation, or to impose or collect
a civil penalty for any violation.
(Source: P. A. 78-812.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 22, 2001.
Approved August 15, 2001.
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