Public Act 095-0824
 		





HB4129 Enrolled
LRB095 12918 RAS 38471 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 8 as follows:
 



    (225 ILCS 225/8)  (from Ch. 111 1/2, par. 116.308)



    Sec. 8.    (a) In addition to promulgating and publishing 
the private sewage disposal
code, the Department has the 
following powers and duties:

        (1) Make such inspections as are necessary to determine 
    satisfactory
compliance with this Act and the private 
    sewage disposal code.

        (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.

        (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

    administration and enforcement of this Act and the private 
    sewage disposal
code.

        (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.

        (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

    set.

        (6) Adopt minimum performance standards for private 
    sewage disposal
system contractors.

        (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.

        (8) Collect an annual license fee in an amount 
    determined by the
Department from each contractor and any 
    examination and
reinstatement fees.

        (9) Prescribe rules of procedure for hearings 
    following denial,
suspension or revocation of licenses as 
    provided in this Act.

        (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.

    (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.

(Source: P.A. 85-1261.)


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