Public Act 095-0701
 		





HB1303 Re-Enrolled
LRB095 04813 RAS 24873 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 5b as follows:
 
    (225 ILCS 225/5b)
    Sec. 5b. Licensure required for the maintenance of
pumping, 
hauling, and disposal of wastes from portable toilets and 
potable handwashing units; cleanliness standards.
    (a)                           The Department shall by rule, establish and issue a 
separate license, independent of any other license issued under 
this Act, for the pumping, hauling, and disposal of wastes 
removed from the sewage disposal systems of portable toilets 
and portable, potable handwashing units and the cleaning, 
sanitizing, and maintenance of portable toilets  and portable, 
potable handwashing units to qualified businesses
persons

responsible for the pumping, hauling, and disposal of wastes 
removed from the sewage disposal systems of portable toilets 
and portable, potable handwashing units and the cleaning, 
sanitizing, and maintenance of portable toilets  and portable, 
potable handwashing units.  These rules shall concern, but not 
be limited to, all of the following areas:
        (1)   License duration and expiration, renewal, 
    reinstatement, and inactive status.
        (2)   All fees relating to initial licensure and renewal.
        (3)   Licensure application form and process.
        (4)   Violations and penalties.
        (5)   Exemptions and waivers.
        (6) Ventilation, safety, and security requirements of 
    portable toilet units and the sewage disposal systems of 
    portable toilet units.

    (a-5) The Department shall by rule, establish and issue a 
certificate of registration as a portable sanitation 
technician for any employee of a business licensed under this 
Section who engages in the servicing of portable toilets  and 
portable, potable handwashing units and the cleaning, 
sanitizing, and maintenance of portable toilets  and portable, 
potable handwashing units.  Beginning 6 months after the date of 
the adoption of Department rules implementing the provisions of 
this amendatory Act of the 95th General Assembly, no person may 
engage in the servicing of portable toilets in a manner that 
does not comply with the requirements of this Act and the rules 
established by the Department under this Act concerning the 
issuance of a certificate of registration as a portable 
sanitation technician. Prior to a registrant's initial renewal 
of his or her certificate of registration, the registrant must 
complete a certification program approved by the Department.

    (b) Beginning 6 months after the date of the adoption of 
Department rules implementing the provisions of this 
amendatory Act of the 95th General Assembly, no person or 
business may engage in the pumping, hauling, and disposal of 
wastes removed from the sewage disposal systems of portable 
toilets  and portable, potable handwashing units and the 
cleaning, sanitizing, and maintenance of portable toilets  and 
portable, potable handwashing units without being licensed or 
certified under this Section.
Beginning 6 months after the date 
of the adoption of Department rules concerning the 
establishment and issuance of a license for the pumping, 
hauling, and disposal of wastes removed from the sewage 
disposal systems of portable toilets, no person may engage in 
the pumping, hauling, or disposal of wastes removed from the 
sewage disposal systems of portable toilets in a manner that 
does not comply with the requirements of this Act and the rules 
established by the Department under this Act concerning the 
pumping, hauling, and disposal of wastes removed from the 
sewage disposal systems of portable toilets.

    (c)                           The Department shall require the successful completion 
of an examination, prescribed by the Department, prior to 
licensure. The Department may accept the Portable Sanitation 
Association International's Health and Safety Certification 
Program as an acceptable educational and testing program.
    (d)                          The Department shall consider and make any necessary 
amendments to the private sewage disposal code in relation to a 
license issued for the pumping, hauling, and disposal of wastes 
removed from the sewage disposal systems of portable toilets 
and portable, potable handwashing units and the cleaning, 
sanitizing, and maintenance of portable toilets and portable, 
potable handwashing units.
    (e)                           The Department shall establish and enforce standards of 
cleanliness for companies that sell, lease, rent, or otherwise 
maintain portable toilet units and portable, potable 
handwashing units for commercial purposes, which shall 
include, but not be limited to, the following requirements:
        (1)   Each unit shall be thoroughly cleaned at each 
    pumping, including all parts of the unit, which are the 
    urinal, tank, walls, floors, door, and roof.
        (2) Soap or anti-bacterial hand cleaner and paper 
    products shall be refilled in each unit at each pumping, if 
    required.

        (3)   After a unit is cleaned, it shall be inspected to 
    ensure compliance with Department rules concerning the 
    ventilation, safety, and security of the unit.
        (4)   A company shall designate at least one 
    representative who shall be responsible for ensuring that 
    each unit maintained by the company meets the standards of 
    cleanliness set forth in this subsection (d) and any 
    additional standards established by the Department.  
    Companies that have designated a person to clean units may 
    not designate the same person the responsibility of 
    ensuring unit compliance with the standards of 
    cleanliness.
        (5)   Those persons engaging in cleaning units shall wear 
    protective equipment and be trained in proper procedures 
    for sanitation and self-protection.

(Source: P.A. 94-138, eff. 7-7-05.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.