Sen. Pamela J. Althoff
Filed: 7/19/2007
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 3728




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    AMENDMENT NO. ______. Amend House Bill 3728 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Private Sewage Disposal Licensing Act is 
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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. 

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

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

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        (2) Cause investigations to be made when a violation of 
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    any provisions
of this Act or the private sewage disposal 
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    code is reported to the
Department.

 


 






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        (3) Subject to constitutional limitations, by its 
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    representatives after
identification, enter at reasonable 
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    times upon private or public property
for the purpose of 
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    inspecting and investigating conditions relating to the

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

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        (4) Institute or cause to be instituted legal 
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    proceedings in the circuit
court by the State's Attorney of 
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    the county where such non-compliance
occurred or by the 
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    Attorney General of the State of Illinois in cases of

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    non-compliance with the provisions of this Act and the 
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    private sewage
disposal code.

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        (5) Evaluate all Experimental Use Permits in existence 
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    on the effective date of this amendatory Act of the 95th 
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    General Assembly in accordance with the established 
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    conditions of approval for each permit.  After the date of 
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    approval, the Department shall not issue any new 
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    Experimental Use Permits, but may instead issue site 
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    specific approval for performance based systems in 
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    accordance with this Section
Authorize the trial or 
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    experimental use of new innovative systems
for private 
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    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 
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    sewage disposal
system contractors.

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        (7) Issue an annual license to
every applicant who 
 


 






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    complies with the requirements of this Act and the
private 
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    sewage disposal code and
who pays the required annual 
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    license fee.

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

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

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        (10) The Department may review alternative technology 
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    and operational data from the appropriate state agency of 
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    another state, from another government entity, or from an 
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    independent testing organization to determine whether 
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    approval of components or private sewage disposal systems 
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    within the State is appropriate.  The request for approval 
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    shall be made on forms approved by the Department.

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    (b) The Director shall authorize the use of appropriate new 
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innovative wastewater treatment systems to best protect public 
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health, the environment, and the natural resources of the 
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State.

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


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